The People v. Giles CA2/7

FACTS AND PROCEDURAL HISTORY

The Crime. In 2012 appellant was arrested for theft of copper wire from the Los Angeles Department of Water and Power (DWP) and damage to DWP power lines located near San Francisquito Road. DWP estimated that the total value of damage to the power lines, on the low end, was approximately $687,700 – $354,000 for labor and equipment to repair all the damage; $182,400 to replace the copper wire; $6,800 to replace the insulators; and $13,000 for megawatt hours lost due to relays on the circuit. The Charges and Appellant’s Plea. Appellant was charged with grand theft of personal property in violation of Penal Code section 487, subdivision (a) in count (1), vandalism causing damaging over $400 in violation of Penal Code section 594, subdivision (a) in count (2), and cutting a utility line in violation of Penal Code section 591, in count 3. Prior to the preliminary hearing the prosecutor made a plea offer to appellant for a five-year term (to the charge in count 1) with victim restitution to be determined based on the evidence – at that point it appeared that it would be close to $1 million dollars. Appellant‟s counsel communicated the offer to appellant,…