People v. Barrios CA4/2

INTRODUCTION

The People appeal from an order granting the petition of defendant Moises Lee

Barrios for resentencing of his felony conviction of receiving stolen property (Pen. Code,

§ 496, subd. (a)) as a misdemeanor. The People contend that defendant failed to establish

that the value of the property was less than $950, and the trial court therefore erred in

granting the petition. We reverse.

FACTS AND PROCEDURAL BACKGROUND

During a probation search following a traffic stop on May 25, 2014, officers found

six credit cards and an identification card on defendant’s person; the cards did not belong

to defendant, and he admitted he did not know who they belonged to. The police

determined that several of the cards had been in a vehicle that was reported stolen.

Defendant was charged with receiving stolen property (§ 496, subd. (a); count 1);

unlawfully acquiring and retaining access to card account information of another person

with the intent to use it fraudulently (§ 484e, subd. (d); count 2); and identity theft

(§ 530.5, subd. (a); count 3).

On July 10, 2014, defendant entered a plea of guilty to count 1, and the other

counts were dismissed. Defendant was sentenced…