People v. Carriedo CA2/6

STATEMENT OF FACTS

At approximately 3:15 p.m. on July 15, 2014, Hugo Hernandez parked his truck in front of his residence in Port Hueneme. He was planning to leave again soon, so he left his keys in the ignition with the doors unlocked. At about 3:30 p.m., Hernandez went outside and discovered that the truck had been stolen. He called the police. A neighbor told the responding officer she had seen a man get into the truck and drive away. Hernandez and his wife drove around the neighborhood to look for the truck. At about 6:15 p.m., they found it parked in an alley with the doors open. While Hernandez was calling the police, someone got in the truck and drove away. Hernandez followed his truck and observed the driver make a U-turn and park. The police had arrived by then and saw appellant, the truck's sole occupant, get out of the vehicle. Appellant was ordered to get on the ground and he complied, dropping Hernandez's keys as he did so. Appellant claimed he was merely walking across the street and that the keys

2 While this appeal was pending, appellant filed a petition in the trial court for resentencing under Proposition 47. The trial court denied the petition on its…