People v. Hipes CA3

BACKGROUND

Law officers received a report that two sets of keys and a cell phone were stolen from a park bench. Defendant Charles Dean Hipes, Jr., who officers knew had been involved in a number of thefts, was nearby. Officers contacted him, conducted a probation search, and recovered the keys and cell phone. In addition, they found three hypodermic syringes in defendant’s pants pockets. A complaint charged defendant with receiving stolen property (Pen. Code, § 496, subd. (a)),1 with an additional allegation that defendant had served two prior prison terms (§ 667.5, subd. (b)), and possession of an injection/ingestion device (Health & Saf. Code, § 11364.1, subd. (a)(1)). Defendant pleaded no contest to receiving stolen property, with an agreed maximum sentence of three years. The remaining charges were dismissed. The trial court sentenced defendant to the upper term of three years and ordered defendant to pay a $280 restitution fund fine (§ 1202.4), a $30 conviction assessment (Gov. Code, § 70373), and a $40 court operations assessment (§ 1465.8). The court awarded defendant 141 days of presentence custody credits. The trial court denied defendant’s request for a certificate of…