People v. Sims CA3

FACTS AND PROCEEDINGS

The facts are taken from the probation report, which includes information obtained from the California Highway Patrol report, and which, as stipulated by the parties, provided the factual basis for defendant’s plea. Just before midnight on October 2, 2013, a California Highway Patrol officer answered a report of a reckless driver in Oroville. He found the reported vehicle and, after pacing it at 70 miles per hour in a 55 mile per hour zone, made a traffic stop. The officer noticed a piece of metal protruding from the ignition. The driver, later identified as defendant, appeared nervous and was unable to provide identification to the officer. When asked for his name and driver’s license, defendant identified himself as “Marvin Webb Lawson,” and gave a date of birth and address that matched that of Mr. Lawson. A records check revealed the vehicle had been reported stolen several days earlier. Defendant was arrested and transported to the Butte County Jail, where a fingerprint check revealed his true identity and it was discovered he had outstanding warrants. Defendant was charged by information with unlawfully driving or taking a vehicle (Veh. Code, § 10851,…