People v. McIntire CA5

INTRODUCTION

A jury convicted appellant Jason Michael McIntire of buying or receiving a stolen vehicle he knew to be stolen, a felony (Pen. Code, § 496d, subd. (a); count I) and displaying a license plate not issued for the vehicle with the intent to avoid compliance with vehicle registration requirements, a misdemeanor (Veh. Code, § 4462.5;1 count II). He also pled guilty to driving with a suspended license, a misdemeanor (§ 14601.1, subd. (a); count III). Imposition of sentence was suspended and appellant was admitted to probation for five years. He was ordered to serve six months in county jail with certain credits for time served. Various fees and penalty assessments were imposed. The court issued a Minute Order and Order Granting Probation (the Sentencing Order) setting forth the sentence. On appeal, appellant contends the jury was not properly instructed. Although we agree the court should have provided further instructions for both counts, we conclude prejudice did not occur for either count. However, we agree with the parties that the Sentencing Order fails to specify the required statutory basis for the imposed fines and penalty assessments. We remand for resentencing…