People v. Vindiola CA4/2

STATEMENT OF FACTS AND PROCEDURE

Few facts of the crime are available in this record. On or about April 7, 2014,

defendant unlawfully drove or took a 1999 Ford Taurus.

On April 15, 2014, the People filed a second amended complaint charging

defendant with the following six counts: (1) carjacking (§ 215, subd. (a)); (2) assault

with a firearm (§ 245, subd. (a)(2)); (3) unlawful driving or taking of a vehicle (Veh.

Code, § 10851, subd. (a)); (4) receiving stolen property (§ 496, subd. (a)); (5) evading an

officer (Veh. Code, § 2800.1, subd. (a); and (6) grand theft (§ 487, subd. (a)). The People

also alleged defendant had seven prison term priors (§ 667.5, subd. (b)).

On July 14, 2014, defendant pled no contest to counts two, three, four and six and

admitted six of the prison term priors. Also on that date the court sentenced defendant to

12 years in prison as follows: the upper term of four years for count two, plus eight

months consecutive for counts three, four, and six, plus one year consecutive for each of

the prison term priors.

All section references, are to the Penal Code unless otherwise indicated.

2 On November 4, 2014, voters enacted Proposition 47,…