People v. Lozada CA1/5

I. FACTS AND PROCEDURAL HISTORY

A. Underlying Proceeding A felony complaint accused Lozada of receiving stolen property. (§ 496, subd. (a).) It also alleged that he had served four prior prison terms. (§ 667.5, subd. (b).) At the preliminary hearing, Detective Anthony King of the Sonoma County Sheriff’s Department testified that he investigated a “marijuana rip off” in Santa Rosa in October 2007. Another officer detained Lozada, who was carrying a five-foot long bag with a shoulder strap. King opened the bag, which he thought weighed about five or six pounds, and saw “fresh marijuana.” Lozada said the marijuana had been stolen from a

1 Except where otherwise indicated, all statutory references are to the Penal Code.

1 location on Kenmore Lane in Santa Rosa, but he had not stolen it; he received it in exchange for getting a friend a car. Detective King, aware that marijuana had been reported stolen from the Kenmore Lane address, contacted Joseph Cota, who lived at the residence. Cota said he had a medical marijuana certificate and grew marijuana. When asked how much marijuana was stolen, Cota said his loss was $38,400. On cross-examination, Detective King testified that the…