People v. Pulido CA2/6

FACTS

On August 29, 2015, Pulido took possession of a 2001 Honda Accord automobile which belonged to his friend Thomas Gunter. He drove the car away without Gunter’s permission. Gunter called 911.

1 All statutory references are to the Health and Safety Code unless otherwise stated. The police spotted the vehicle, stopped it and arrested Pulido. Pulido was in possession of “a usable amount of heroin” at that time. Pulido entered into a plea agreement. He pled no contest to felony taking a vehicle (Veh. Code, § 10851, subd. (a)) and misdemeanor possession of heroin (§ 11350, subd. (a)). During sentencing, the trial court indicated that it was considering a proposed sentence, which included a probation condition requiring Pulido to pay a $2,000 fine or do community service. Pulido’s counsel objected to the condition. She said, “[T]his is not a felony conviction under this section; it’s a misdemeanor conviction under this section, and so I don’t believe that that fine attaches to this charge and conviction . . . .” The trial court was not persuaded. It ordered “pronouncement of judgment suspended, probation granted for three years.” One of the conditions of probation the court…