People v. Smith CA4/2

FACTS AND PROCEDURE

Defendant operated an automobile repair business on property he rented. When

the property owner re-entered the property after evicting defendant for non-payment of

rent, he found that the locks on his storage containers had been cut and approximately

$50,000 worth of construction equipment had been stolen. The property owner was able

to trace much of the equipment to people who purchased it from defendant, believing it

was his to sell. Defendant admitted to taking and selling the equipment but claimed he

was justified in doing so because he sustained unreimbursed losses when the property

flooded.

On January 30, 2013, a jury convicted defendant of grant theft of personal

property. (Pen. Code, § 487, subd. (a).)

On March 4, 2013, at the outset of the sentencing hearing, defense counsel stated

“I have gone over the terms with him and he indicates he can comply with probation.”

The trial court then sentenced defendant to three years of formal probation on condition

All further references are to the Penal Code unless otherwise indicated.

2 that he serve 180 days in county jail. In condition number 15, the court ordered that

defendant “Neither…