People v. Mesta CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 22, 2016E064343California2,129 words

Opinion

Opinion

BACKGROUND

Because defendant pled guilty before a preliminary hearing, there are no

background facts relating to the underlying crime. On October 23, 2014, he was charged

with three counts. In count 1, he was charged with violating section 496d, subdivision

(a), buying a 1994 Toyota Corolla that was stolen. Count 2 alleged a violation of Vehicle

Code section 10851, subdivision (a) (driving or taking a vehicle of another without the

owner’s consent). Count 3 alleged a violation of section 148.9, subdivision (a) (false

representation of identity to a peace officer). It was further alleged that defendant had

1 All further statutory references are to the Penal Code, unless otherwise indicated.

2 previously been convicted of a felony for which he had served a prison term. (§ 667.5,

subd. (b).)

On November 4, 2014, defendant pled guilty to count 1 pursuant to a plea bargain.

Under the terms of the agreement, in return for his guilty plea to buying or receiving a

stolen vehicle, the People stipulated to a two year sentence to county prison and dismissal

of the remaining counts and the enhancement allegation. Defendant requested an

immediate sentence, which was imposed…

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