Lopez

Statement of the Case

On February 4, 1997, a complaint charging three felony counts against appellant Peter Lopez (hereafter Lopez) was filed in Tulare County Superior Court. In count 1, Lopez was charged with grand theft of a vehicle, a violation of Penal Code section 487, subdivision (d); in count 2, he was charged with unlawful driving or taking a vehicle, a violation of Vehicle Code section 10851; and, in count 3, he was charged with receipt of stolen property, a violation of section 496.

On February 19, 1997, pursuant to a negotiated disposition, Lopez pled guilty to count 2. Under the terms of the plea agreement, Lopez would receive an indicated sentence of not more than 270 days in custody, a restitution fine, and felony probation, and the other 2 charges would be dismissed.

On March 18, 1997, Lopez was sentenced to three years’ felony probation, with a term of two hundred seventy days to be served in the Tulare County jail, a $200 restitution fine, and a penalty assessment of $340. Various conditions of probation were imposed.

Statement of Facts

At approximately 2 a.m. on February 1, 1997, an officer with the Lindsey Police Department saw a vehicle stopped in…