People v. Stephens CA4/3

FACTS

In January 2012, an information charged Stephens with unlawful taking of a vehicle, grand theft auto, and receiving a stolen vehicle. The vehicle was identified as a “2006 Buick Rendezvous.” In March 2012, he pleaded guilty to the count of receiving a

1 All further statutory references are to the Penal Code, unless otherwise indicated. 2 Stephens has also asked that we take judicial notice of the Official Voter Information Guide for Proposition 47, and the Report of the Legislative Analyst’s Office on Proposition 47. We deny the request on the ground those documents are unnecessary to our resolution of this appeal.

2 stolen vehicle. Stephens offered the following facts in support of his plea: “December 5, 2009, I unlawfully received a motor vehicle with knowledge that it was stolen.” In November 2014, Stephens filed a one-page application to have his felony conviction recalled and reduced to a misdemeanor pursuant to section 1170.18, subdivision (f). The district attorney objected to the application on the basis the value of the stolen vehicle Stephens possessed was in excess of $950 and demurred to it on the basis the petition failed to state sufficient facts to justify…