People v. Luisotti CA3

BACKGROUND

In July 2009, defendant took his elderly mother’s access card and used it without her permission at several Roseville businesses. Defendant was charged with five counts of second degree burglary (§ 459), single counts of grand theft (§ 484g), and identity theft from an elder or dependent adult (§ 368, subd. (e)) along with a strike and two prior prison term allegations (§§ 1170.12, subds. (a)-(e), 667, subds. (b)-(i), 667.5, subd. (b)) in case No. 62-094790. During a probation search around April 4, 2010, defendant kicked out the window of a police car. He was charged with vandalism exceeding $400 (§ 594, subd. (b)(1)) and receiving stolen property (§ 496, subd. (a)), along with an on-bail allegation (§ 12022.1) and a strike allegation in case No. 62-097872. Around May 25, 2010, defendant failed to appear on felony charges in the trial court after being released on his own recognizance. He was charged with felony failure to appear (§ 1320, subd. (b)) along with a strike and two prior prison term allegations in case No. 62-099787.

2 On September 15, 2010, all cases were resolved simultaneously in a packaged plea bargain, along with case No. 62-100772A,2 including a…