People v. Mills CA4/1

STATEMENT OF FACTS AND PROCEDURE

In the early morning hours of July 2, 2015, San Diego police officers responded to

a report of a stolen commercial utility van belonging to Professional Maintenance

Systems (PMS). Allison Erickson, the controller of PMS, had used a GPS program to

track the vehicle and informed police of its location. The officers located the stolen

vehicle, performed a "hot stop" and found defendant seated in the driver's seat with the

van's keys still in the ignition. Cleaning equipment was located in the van and defendant

was wearing a shirt bearing the PMS insignia. Erickson verified defendant was not a

PMS employee.

At defendant's change of plea hearing on October 23, 2015, defendant pled guilty

to count 1 (Veh. Code, § 10851, subd. (a)), admitted a strike prior (§ 667, subds. (b)-(i)),

and left sentencing to the court. Count 2 and the remaining enhancements were

dismissed. At the sentencing hearing, the People moved to strike the remaining section

666.5, subdivision (a) enhancement, to which the court agreed. Defendant moved to

strike his strike, but due to defendant's extensive criminal history the court denied his

request.…