People v. Bell CA3

BACKGROUND

Defendant was charged with knowing receipt of stolen property (Pen. Code, § 496, subd. (a); count one)1 and making burglary tools (§ 466; count two). He pleaded no contest to count one with the understanding that count two would be dismissed and he would not be sentenced to state prison at the outset. Thereafter, upon discovery of another pending criminal matter, alleging commercial burglary, and prior to sentencing, defendant reaffirmed his no contest plea in exchange for a dismissal of count two and a stipulated sentence of 16 months in county prison, to run concurrently with the sentence to be imposed in the unrelated commercial burglary case. The stipulated factual basis for defendant’s plea in this case was that on June 20, 2013, an officer responded to a reported residential burglary in which bicycles were stolen; later that day, an officer found defendant in possession of one of the stolen bicycles and some other items taken in the burglary. The trial court imposed the agreed upon sentence, and ordered defendant to pay the customary fines and fees. The record shows no imposition or reservation of restitution at the time of sentencing. Subsequently, the People…