People v. White CA4/2

I.

FACTS

The People charged defendant with vehicle theft with a prior (Pen. Code, § 666.5,

subd. (a); Veh. Code, § 10851, count 1), and receiving a stolen vehicle (Pen. Code,

§ 496d, subd. (a), count 2). The People alleged for purposes of sentencing that defendant

had served four prior prison terms (Pen. Code, § 667.5, subd. (b)), including a prior

conviction for vehicle theft (Veh. Code, § 10851, subd. (a)), and that he had suffered two

serious and violent felony convictions (Pen. Code, §§ 667, subds. (c), (e), 1170.12,

subd. (c)), one for burglary and the other for attempted burglary.

2 Trial Testimony

On March 2, 2013, Judy Griffith rented a Chevrolet Cruz from Hertz Corporation

for her daughter Jennifer Hummel and son-in-law Jonathan Hummel. At Jonathan’s1

request, Griffith made the rental agreement for three days and promised to return the car

on March 4, 2013. However, because Jonathan was going to work late on March 4, he

called Hertz and asked if he could return the rental car the next day. The rental

agreement was in Griffith’s name and was paid for with her credit card, and the

agreement only listed Griffith and Jonathan as authorized drivers. Other than…