People v. Hernandez CA2/3

BACKGROUND

On December 31, 2005, defendant Hernandez and a companion were sitting in a van when they were contacted by a police officer. The companion was arrested on an outstanding warrant and the van was searched. The victim’s checkbook was found between the driver’s seat and the passenger seat. Shaved car keys, commonly used for stealing cars, were found in the companion’s purse. The companion told police Hernandez had handed her the keys when the patrol car pulled up behind them. After Hernandez pled guilty to receiving stolen property and possessing burglar’s tools, the trial court imposed and then suspended execution of a three-year prison sentence and placed Hernandez on probation for three years. Hernandez subsequently violated probation a number of times. On July 22, 2008, he was convicted of grand theft after a DHL driver refused to complete a delivery of some cell phones and Hernandez forcibly took the packages from the driver. This conviction led to the revocation of probation on February 19, 2009, after which probation was reinstated. There were three more probation violations: on September 17, 2010, for a driving under the influence of drugs conviction; on August…