People v. Luxsamana CA4/2

FACTS AND PROCEDURE

On March 29, 2013, defendant was stopped for a traffic violation and officers

found stolen items in his vehicle.

On December 18, 2013, the People filed an information charging defendant with

receiving stolen property (Pen. Code § 496, subd. (a))1 and alleging he committed the

offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)A)). The People

also alleged defendant had two prior strike convictions (§ 1170.12, subds. (a) - (d), &

667, subds. (b) – (i)) and five prior prison term convictions (§ 667.5, subd. (b)).

On February 19, 2014, defendant pled guilty to receiving stolen property and

admitted the gang allegation and one of the strike priors. The trial court dismissed the

other strike prior and the five prison term priors. The court sentenced defendant to two

years for the receiving conviction, doubled to four for the strike prior, plus the upper term

of four years for the gang allegation, for a total of eight years in prison. The court

imposed a $1600 restitution fine and a corresponding $1600 parole revocation fine. In

doing so, the court engaged in the following exchange with defense counsel:

1 All section references…