People v. Zuber CA3

I. BACKGROUND

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.)

1 The prosecution charged defendant with unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)—count one) and transportation of a controlled substance for sale (Health & Saf. Code, § 11379, subd. (a)—count two). The prosecution also alleged defendant had been previously convicted of four vehicle theft offenses under Penal Code section 666.5.1 Defendant pled no contest to count one and admitted the prior conviction allegations. The parties stipulated to a factual basis for the plea, explaining defendant had driven and taken the victim’s truck, which was worth more than $950, without permission in March 2021. The parties agreed to dismiss count two. At the sentencing hearing, the trial court imposed a two-year split sentence, with 16 months to be served in custody and eight months of the sentence to be served on mandatory supervision. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 mandatory supervision revocation fine, suspended pending revocation of mandatory…