People v. Mendoza CA4/1

INTRODUCTION

The prosecution charged Alfredo Mendoza with one count of receiving stolen

property (Pen. Code, § 496, subd. (a))1 and one count of grand theft of personal property

(§ 487, subd. (a).) The jury could not reach a verdict on the grand theft charge, but found

Mendoza guilty of the receiving stolen property charge. Mendoza also admitted having

two prior strike convictions (§§ 667, subd. (b)-(i), 1170.12) and two prior prison

commitment convictions (§ 667.5, subd. (b)).

After it declined Mendoza's invitation to dismiss the prior strike convictions for

sentencing purposes, the court sentenced him to an aggregate term of four years and eight

months in prison. The term consisted of sixteen months for the receiving stolen property

conviction, doubled because of the prior strike convictions, plus one year for each of the

prior prison commitment convictions.

Mendoza appeals. His appointed appellate counsel filed a brief requesting we

independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436,

441-442.) In addition, we granted Mendoza permission to file a brief on his own behalf.

He submitted a brief posing six questions for this…