People v. Edwards CA5

FACTS

On August 31, 2011, Edwards was identified as the driver of a van that was spotted on a property from which corn hopper blades were stolen. On September 12, 2011, Edwards took a well pump engine that had been stolen from John Torres to the SA Recycling Center. Tulare County Sheriff’s deputies questioned Edwards about the engine and eventually arrested him. On May 17, 2012, the district attorney filed an information charging Edwards with two counts of petty theft with prior convictions (counts 1 & 2), grand theft of personal property (count 3), and attempted vehicle theft (count 4/§ 664 & Veh. Code, § 10851, subd. (a)). The information also alleged three prior prison term enhancements and that Edwards had a prior conviction within the meaning of the three strikes law. On November 20, 2012, Edwards entered his plea in this matter in exchange for a maximum prison term of four years and the dismissal of the remaining counts and the prior prison term enhancements. During the change of plea proceedings, Edwards asked

Unless otherwise indicated, all further statutory references are to the Penal Code. People v. Marsden (1970) 2 Cal.3d 118 (Marsden).

2 the court if…