People v. Pineda CA6

I. Factual and Procedural Background

In November 2010, the police arrested defendant, who was driving a stolen vehicle. Both he and his codefendant were in possession of shaved keys. Defendant was also on juvenile probation for multiple charges. In December 2010, defendant pleaded no contest to theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)), receiving stolen property (Pen. Code, § 496, subd. (a)), and possession of burglary tools (Pen. Code, § 466). About a month later, the trial court suspended imposition of sentence and placed defendant on probation for three years on condition that he serve 120 days in county jail. On May 12, 2011, the probation department filed a petition for modification of probation. The petition alleged that defendant failed to report to the probation department, failed to appear for a scheduled appointment, failed to make himself available for search, failed to provide verification of education, vocational training, or employment, and had been charged with misdemeanor violations of Penal Code section 653k (possession of a switchblade) and Penal Code section 466 (possession of burglary tools). On the same day, defendant admitted the…