People v. Smith CA3

I. BACKGROUND

Defendant stipulated to the use of the probation report and other materials as a factual basis for his plea, so we take the facts of his offense from the probation report. On November 7, 2012, officers discovered 1.8 grams of methamphetamine and hypodermic syringes in defendant’s jacket pocket following a traffic stop. On February 4, 2013, a deputy conducted a traffic stop on a vehicle stolen from Orland two days earlier. Defendant, the driver, was searched and found in possession of a hypodermic syringe and counterfeit money. The ignition of the vehicle had been tampered with. On February 27, 2013, a deputy saw a stolen vehicle driving out of a parking lot. The deputy stopped the vehicle, which was driven by defendant. Defendant was searched, and found possessing 0.3 grams of methamphetamine. Defendant was charged by consolidated information with unlawful driving or taking of a vehicle, a 1997 gold Honda Accord, on or about February 4, 2013, (Veh. Code, § 10851, subd. (a)—count 1) with an on-bail enhancement (§ 12022.1); unlawful driving or taking of a vehicle, a 1997 Honda Accord LP, on February 27, 2013 (Veh. Code, § 10851, subd. (a)—count 2); possession of a…