People v. Lorta CA5

FACTS AND PROCEDURAL HISTORY

On the night of August 23, 1999, officers responding to a silent burglary alarm at a business in an industrial area of Bakersfield encountered defendant, who was riding his bicycle and carrying a large duffle bag. A search of the bag revealed roadside assistance items that had been taken from company trucks belonging to the business at which the alarm had been activated. On December 1, 1999, following a court trial, defendant was convicted of receiving stolen property (§ 496, subd. (a)) and was found to have two prior strike convictions — a 1988 conviction for attempted burglary (§§ 459, 664) and a 1991 conviction for burglary (§ 459). He was also found to have served a prior prison term Further statutory references are to the Penal Code unless otherwise stated.

2. following a 1994 conviction for resisting an executive officer in the performance of his duties (§ 69) and possessing stolen property (§ 496, subd. (a)). On December 30, 1999, defendant was sentenced to prison for one year plus 25 years to life. On February 28, 2013, defendant filed a petition to recall his sentence and be resentenced pursuant to the Act. He represented he was…