People v. Paredes CA4/2

STATEMENT OF FACTS

On April 28, 2013, Efren Garcia heard a noise near his apartment building and

went to investigate. He saw a man with a black hat and discovered that his car had been

opened and items stolen, including a vacuum and toolbox.3 Garcia called police as the

man with a black hat and his companions loaded his property onto a dolly. He had

previously seen the thieves gathered around his building or in the area.

All subsequent statutory references are to the Penal Code.

The jury also made a true finding that the crimes were committed while defendant was out on bail. (§ 12022.1.) However, this finding was by agreement stricken because the statute requires that the defendant have been on bail for a felony, and defendant eventually pleaded guilty to a misdemeanor in the earlier case (the car burglary discussed below). The probation officer’s report shows the misdemeanor conviction under section 496, subdivision (a) (receiving stolen property), was dated May 10, 2013—the day before the assault on the victim. It is therefore unclear whether he was still out on bail or had been released to probation.

Garcia was essentially homeless and often lived in his…