People v. Garcia CA2/8

FACTS

The Crime At about 6:00 a.m. one morning, Jose Olivo went outside to start his Toyota truck. While the truck was warming up, Olivo walked about 50 feet away to fill up a bottle of water. Olivo then “heard the noise of the truck and . . . turned around and [it] was gone.” Olivo did not see who was driving his truck; he had not given anyone permission to drive it. Olivo’s daughter, Joanna, promptly called police and reported that the truck had been stolen. Later that morning, one of Olivo’s neighbors, Maria Martinez, saw Garcia driving Olivo’s truck. At about 11:30 a.m., Olivo received a telephone call from another neighbor who said that he had seen Olivo’s truck. Based on the information from his neighbors, Olivo used another car to go look for his truck. He found his truck parked near 256th Street and Marigold Avenue, and parked his car directly behind the truck. At that point, Olivo saw Garcia “getting off” the truck, and looking inside the “back of the truck.” Olivo approached Garcia and asked, “Is that your truck?” Garcia responded, “No. It has been parked here for hours.” Olivo said that he was going to call the police, and Garcia said, “Sure, call them.” At about noon,…