People v. Welch CA5

FACTS

On February 15, 2013, at approximately 8:30 a.m. after a California Highway Patrol officer spotted a stolen Dodge Avenger in a motel parking lot, an anti-auto theft team set up surveillance of the car. A short time later, Aaron Schwabenland parked a stolen Honda in the lot and walked to room 256. At 11:05 p.m. Schwabenland came out of the room and was arrested. Schwabenland admitted knowing the Honda and its license plates were stolen, but denied stealing them. Officers then went into room 256 and contacted Welch who admitted she had been driving the stolen Avenger and knowing the car was stolen. Welch also told the officers a friend had given her the keys to the car and that they were in her purse. On February 20, 2013, the district attorney filed a complaint charging Welch with unlawful driving or taking of a vehicle (count 1/Veh. Code, § 10851, subd. (a)) and receiving a stolen vehicle (count 2/Pen. Code, § 496d, subd. (a)), and charging codefendant Schwabenland with the same two counts (counts 3 & 4) and one count of receiving stolen property (count 5/Pen. Code, § 496, subd. (a)). On March 6, 2013, after count 2 was amended to allege that Welch received stolen property,…