People v. McMullen CA3

BACKGROUND

The facts of defendant’s crime are taken from the factual basis for his plea. On August 11, 2009, defendant stole Cicero Johnson’s backpack while Johnson was playing a slot machine at the Jackson Rancheria casino. Using car keys from the backpack, defendant entered Johnson’s car and took various items belonging to Johnson. Defendant pleaded guilty to petty theft with a prior (§ 666) and admitted a prior strike conviction (§§ 1170.12, 667, subds. (b)-(i)) and a prior prison term (§ 667.5, subd. (b)). The trial court initially sentenced defendant to three years eight months in state prison but resentenced him to a five-year term when defendant violated a Cruz2 waiver. Although the trial court did not order a restitution amount at the time, the trial court noted it had received a request from Johnson claiming $800 in restitution. Johnson’s claim for the items lost or damaged in the theft identified the following: “Nokia - cell phone & leather cover $200.00 “Cell phone car adaptor $29.95 “Car key for Ford Escape (computer chip) $180.00 “Accu Check diabetes monitor $59.95 “$10 cash left in vehicle $10.00 “Black bag $29.95 “Proventil inhaler - Asthma $50.00 “Asmanex…