People v. Sais CA4/1

INTRODUCTION

A jury convicted Jorge Arturo Sais of one count of receiving a stolen vehicle (Pen.

Code, § 496d).1 Sais additionally admitted having five prior prison commitment

convictions (Pen. Code, § 667.5). The court imposed an aggregate sentence of seven

years, with two years to be served in county jail and five years to be served on probation.

Sais appeals, contending there was insufficient evidence to support his conviction.

We agree and reverse the judgment.

BACKGROUND

Marcus Summa owned a Saturn. The car had minor scratches on the body, the

seats were old, and there was some damage to the roof. It did not have a stereo. The car

was stolen while it was parked in front of Summa's mechanic's home awaiting minor

repairs.

A deputy sheriff located the car approximately a month after it was stolen. The

outside of the car was dusty and the door was unlocked. Inside, the door cover was

damaged, the driver's seat was ripped, and the fabric on the ceiling was torn completely

off. A flashlight, the spare tire, and a small container used to hold keys or a cell phone

were missing. There was a cigarette butt in the center tray and there were ashes…