People v. Miles CA3

FACTS AND PROCEDURE

Facts Relevant to Grand Theft Case (Case No. 19CF05982) Defendant ripped phone lines down by hooking them to his vehicle and driving down the road. He loaded the wire from the phone lines into the trunk of his vehicle and drove away. Butte County Sherriff’s Officers found 60 feet of wire in his trunk. Officers also found gloves and bolt cutters. An AT&T representative estimated the cost of the wire was over $1,000. Defendant was charged with grand theft of personal property (Pen. Code, § 487, subd.(a))3 and vandalism causing over $400 in damage (§ 594, sub. (a)(2)). Defendant pleaded no contest to the charge of grand theft and the vandalism count was dismissed with a Harvey waiver (§ 487, subd. (g).). This entire case was ultimately dismissed upon the prosecution’s motion with a Harvey waiver. The trial court, however, did not take a Harvey waiver from the defendant. Facts Relevant to Possession Case (Case No. 19CF07587) Defendant was incarcerated in the Butte County Jail in a cell with Robert Kongle. On September 19, 2019, Correctional Deputy Dylan Pannell entered their cell, ordered them to place their hands behind their back, put them in handcuffs and…