People v. Rios CA4/2

STATEMENT OF THE CASE

On October 24, 2013, a felony complaint charged defendant and appellant

Theodore Rios and co-defendant Michael Ramirez with violating Penal Code1 section

530.5, subdivision (c)(3), willfully and unlawfully acquiring and possessing with an

intent to defraud the personal identifying information of 10 or more other persons. The

complaint also alleged a gang enhancement under section 186.22, subdivision (b)(1)(A).

The complaint further alleged that defendant had suffered a prior strike under sections

1170.12, subdivisions (a) through (d) and 667, subdivision (b); a serious felony prior

under section 667, subdivision (a)(1); and a one-year prison prior under section 667.5.

On December 12, 2013, defendant pled guilty to count 1 and admitted the one-

year prison prior. The parties agreed that defendant would be sentenced to a total of four

years, the upper term of three years on count 1 and one year for the prison prior to be

served consecutively, with the remainder of the complaint to be dismissed. The parties

stipulated that the police reports could be read and considered as the factual basis for the

plea.

On September 4, 2014, the trial court heard…