People v. Pineda CA4/2

INTRODUCTION

On January 28, 2013, a complaint charged defendant and appellant David Ovando

Pineda with cultivating marijuana under Health and Safety Code section 11358 (count 1);

possession of marijuana for sale under Health and Safety Code section 11359 (count 2);

and theft of utilities over $950 under Penal Code section 498, subdivision (d) (count 3).

On April 30, 2013, the trial court denied defendant’s motion to suppress evidence

under Penal Code section 1538.5. Defendant filed a writ of mandamus which we

summarily denied.

On May 14, 2013, the People filed an information with the same charges as the

complaint. Defendant filed a motion to set aside the information on the same ground as

the motion to suppress. The trial court denied the motion. Defendant filed a writ of

mandamus which we denied.

On August 26, 2013, defendant pled guilty to all charges. The trial court found

that there was a factual basis for the plea. On September 23, 2013, the court sentenced

defendant to an aggregate term of two years in prison, as follows: one year and four

months (count 1); stayed concurrent term of one year and four months (count 2); and

consecutive term of eight months…