Yanez

Raising a variety of sentencing errors, a criminal defendant appeals from the judgment entered after he pleaded guilty to receiving stolen property. Finding merit in some of his contentions, we reverse part of the judgment.

Factual and Procedural Background

A felony complaint charges the defendant with violating Penal Code section 496 by receiving and holding a 1978 Chevrolet El Camino, knowing the vehicle to be stolen. The defendant pleaded guilty on the condition that he would be placed on probation.

In her report, the probation officer stated that the defendant said that he had bought the car from someone he had met at a wrecking yard. The defendant is also reported to have admitted that, because he did not get a pink slip from the seller, he switched the license plates and vehicle identification number (VIN) from another El Camino he owned to the stolen vehicle. He also installed new wheels and tires and had the car repainted.

The probation officer also included evidence that the “high Blue Book price” for a well-equipped 1978 El Camino in “top shape” was $4,100. Based on that information, the probation officer recommended that the defendant be ordered to pay…