People v. Ortiz CA3

BACKGROUND

The Crimes

Around July 25, 2013, Rafael Zepeda Garcia’s blue 1989 Nissan Pathfinder was taken from the front of his Sacramento County home between 8:30 p.m. and 5:00 a.m. He had the keys for the truck when it was taken. Garcia’s wife Susana Ortiz saw another person driving her husband’s truck after it was taken. On September 5, 2013, California Highway Patrol Officer John Rosendale stopped Garcia’s Pathfinder on Stockton Boulevard at around 3:00 a.m. The truck was running even though there was no key in the ignition. Defendant, the driver, told Officer Rosendale that his driver’s license was suspended. After determining the truck had been reported stolen, Officer Rosendale arrested defendant. A search of the truck found a pair of scissors and a screwdriver on the passenger seat. Officer Rosendale obtained a Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694] waiver from defendant and questioned him about the Pathfinder. Defendant admitted using the scissors to start it. Defendant also told Officer Rosendale that he never knew of a motor vehicle being started with anything other than a key unless it was stolen. The truck was eventually returned to Garcia. The…