Kellett
People v. Kellett
Opinion
Opinion
Martin, J.
Appellant was charged with two counts of grand theft (Pen. Code, § 487, subd. 1) and two counts of vehicle theft (Veh. Code, § 10851). Property taking enhancements were alleged as to each vehicle theft count (Pen. Code, § 12022.6, subd. (a)). Appellant was found guilty on all counts and was sentenced to the upper base term of three years for count three (vehicle theft) plus a one-year enhancement for the taking of property valued in excess of $25,000 (Pen. Code, § 12022.6, subd. (a)). He received an identical concurrent sentence as to count four (vehicle theft) and imposition of sentence was stayed as to counts one and two (grand theft).
These are the facts:
Sometime in 1980, Leonard Pyles met Dave Conroy in a Bakersfield cafe. Shortly after Easter 1981, Conroy telephoned Pyles and they discussed Central Valley Petroleum, which is located in Visalia. Pyles, a Visalia resident, was familiar with Central Valley.
Around this time, Pyles contacted FBI Agent Morrison. In early May 1981, Morrison introduced Pyles to Jerry Grimes of the Kern County Sheriffs Department. Pyles informed Grimes that Central Valley Petroleum was targeted for a theft.