People v. Cruz CA2/1

FACTS AND PROCEEDINGS BELOW

Because this is an unreported opinion and the parties are familiar with the facts we will dispense with their recitation here. To the extent they are relevant the facts are set out in our discussion of the issues below. Officers of the California Highway Patrol executed search warrants at Cruz’s home, businesses and other property and seized numerous documents connecting him to the “lien-washing” of at least seven vehicles.1 Witnesses’ testimony also directly linked Cruz to several of the stolen vehicles. A jury convicted Cruz of numerous offenses including conspiracy to commit multiple crimes related to auto theft including grand theft, forgery, identity theft and filing of forged instruments. The court sentenced Cruz to an unstayed prison term of eight years, eight months. On appeal Cruz maintains that the court committed prejudicial error by not properly instructing the jury on the conspiracy count and that the statute of limitations on the grand theft charge had expired.

1 Lien-washing involves filing false documents with the Department of Motor Vehicles removing the lien holder’s name from the title to a stolen vehicle and substituting another…