People v. Bailey CA5

INTRODUCTION

Over the course of approximately 30 hours, defendant James Bailey engaged in a crime spree that commenced with the theft of an idling car containing an infant and ended with the theft of a motorcycle helmet from a dealership the next day. Defendant was arrested shortly after stealing the helmet and subsequently charged with kidnapping a child in violation of Penal Code section 207, subdivision (a), (count 1);1 two counts of vehicle theft in violation of Vehicle Code section 10851, subdivision (a), (counts 2 & 3); receiving stolen property (vehicle) in violation of section 496d, subdivision (a), (count 4); burglary in violation of section 459 (count 5); and petty theft with a prior in violation of section 666 (count 6). It was further alleged that defendant suffered a prior conviction for receiving stolen property (vehicle) (§ 666.5) and served two prior prison terms (§ 667.5, subd. (b)). Defendant was convicted by a jury of counts 1, 2, 3, 5, and 6, and in a bifurcated proceeding, the jury found the enhancement allegations under sections 666.5 and 667.5, subdivision (b), true. Defendant was sentenced to 11 years for kidnapping (upper term), one year for each of the…