People v. Contreras CA2/5

INTRODUCTION

In an information, the District Attorney of Los Angeles County charged defendant and appellant Patrick Contreras with two counts of chop shop operation (Veh. Code, § 10801), two counts of receiving stolen property—a vehicle—with a prior vehicle theft conviction (Pen. Code, § 666.5), insurance fraud (Pen. Code, § 550, subd. (b)(1)), and perjury by declaration (Pen. Code, § 118, subd. (a)). Pursuant to a plea agreement, defendant pleaded no contest to one count of chop shop operation. Under the plea agreement, defendant received a suspended high term sentence of four years in county jail and was placed on probation for five years under various terms and conditions. The remaining counts were dismissed. Defendant entered a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 regarding restitution as to the remaining counts. The trial court conducted a restitution hearing. Defendant moved to withdraw his plea based in part on his potential restitution liability for a destroyed Porsche.1 The trial court denied the motion. Defendant filed a notice of appeal challenging the validity of his plea and requesting a certificate of probable cause as to the trial court’s denial…