People v. Beebe CA3

BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On April 13, 2015, Meta Dorfman was at her mother’s house when defendant walked in and said someone named Michael told him he could “crash there.” Dorfman told defendant to leave, and he did. A few hours later, Dorfman discovered her checkbook was missing from her car and she called the police. Two days later, defendant unsuccessfully tried to cash a check belonging to Dorfman at a check cashing business. The employee called the police, who found two other checks belonging to Dorfman, one on defendant and another in his car. Defendant pleaded no contest to felony identity theft. (Count 1; Pen. Code, § 530.5, subd. (a).)1 Defendant also admitted he had served a prior prison term. (§ 667.5, subd. (b).) Pursuant to the plea agreement, the trial court struck his six prior strike allegations pursuant to section 1385, subdivision (c). (§§ 667, subds. (b)-(i), 1170.12, 1385, subd. (c).) The trial court sentenced defendant to the upper term of three years in prison plus one year for the prior prison term, with 205 days of…