People v. Pierce CA4/3

FACTS

In September 2009, Pierce was working for a moving company at a home in San Clemente. The homeowner told the movers not to enter her master bedroom and master bathroom. However, she later saw Pierce walking out of her master bedroom, and soon discovered a ring was missing from the purse she had left in the master bathroom. In October 2009, the Orange County District Attorney filed a felony complaint against Pierce, charging him with one count of grand theft of property valued at over $400 (§ 487, subd. (a)) and one count of receiving stolen property (§ 496, subd. (a)). The complaint also alleged he had previously suffered two or more serious and violent felony convictions. A preliminary hearing was held in December 2009, and the sole witness was an Orange County deputy sheriff. The deputy testified as to the circumstances of the crime, based in part on the statements of the victim. According to the deputy, the victim valued the ring stolen by Pierce at $8,000.

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

2 In January 2010, the district attorney filed an information charging Pierce with the same two counts. The information also…