People v. Kalajian CA1/1

I. FACTUAL AND PROCEDURAL BACKGROUND

On September 24, 2019, Officer Benjamin Schott was dispatched to Sebastopol Ace Hardware regarding a theft that had occurred the previous

1 People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). evening. Upon his arrival, Schott met with the store manager, who showed him a video from the previous night of a man stealing an 80 cc pocket motorcycle by loading it on a pushcart and wheeling it away. The manager valued the motorcycle at approximately $400. Upon viewing the surveillance footage, another officer, Jamie Baldovinos, identified the man depicted therein as defendant. The Sonoma County District Attorney filed an information charging defendant with one felony count of taking a vehicle without consent. (Veh. Code, § 10851, subd. (a).) It was alleged defendant suffered two prior strikes (Pen. Code,2 §§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)) for rape (§ 261, subd. (a)(2)) and oral copulation (former § 288a, renumbered § 287). The information further alleged defendant had served prior prison terms, including for first degree burglary. (§§ 667.5, subd. (b); 459/460.) On March 3, 2020, defendant pleaded no contest to…