People v. Hernandez CA3

FACTS

By amended complaint, the prosecution charged defendant with felony vehicle theft, receiving a stolen vehicle, receiving a stolen license plate, and receiving stolen car keys. (Veh. Code, § 10851, subd. (a); Pen. Code, §§ 496d, subd. (a), 496, subd. (a).) The complaint alleged as to the vehicle theft count that defendant had four prior felony vehicle theft convictions, thereby enhancing his sentence pursuant to Penal Code section 666.5, subdivision (a). The complaint also alleged defendant had served five prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Defendant agreed to settle his case by pleading no contest to the felony vehicle theft count and admitting the prior felony vehicle theft convictions, and by admitting the five prior prison terms. The sentence would be a split sentence consisting of a five-year term of custody in the county jail, and four years on mandatory supervision, calculated as follows: the upper term of four years on the vehicle theft conviction as enhanced by the prior convictions and an additional one year in custody on one of the prior prison terms. The other four prior prison terms, sentenced at one year each,…