People v. Serrato CA6

Background We take the facts of the underlying crime from the probation officer’s report. From December 4 to December 24, 2012, appellant was employed at Target and stole several items from the Target stock room. Appellant admitted the thefts and estimated the value of the items at over $20,000. However, Target was able to verify that only $7,081 of merchandise was stolen. Appellant executed a written plea agreement in which he acknowledged that another case—case No. SS130178A—would be dismissed at sentencing with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754), meaning that the sentencing judge could take that case into consideration when sentencing appellant on this case. Since case No. SS130178A was not consolidated with this case, the only facts underlying that case are contained in the probation officer’s report. According to that report, appellant and his codefendant brother-in-law Jesus Ayala were charged with receiving stolen property (Pen. Code, § 496, subd. (a)) following a search warrant service and bail compliance search at 30945 Tavernetti Road in Gonzales. The police ordered all occupants out of the home via loudspeaker. As the occupants began to depart the…