People v. Zuniga CA3

FACTS AND HISTORY OF THE PROCEEDINGS

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.) The description of the facts is based on the probation report to which the parties stipulated as the basis for the plea.

1 Officers responded to a report of two suspicious motorcycles. While en route, the officers learned that Mark Hansen reported two motorcycles belonging to him—a KTM 520 EXE and a Honda CRS—had been stolen from his parents’ nearby property. According to Hansen, his parents’ home had been destroyed in the Bear Fire but a detached garage remained standing. Two days prior, his parents discovered that the garage had been burglarized and the motorcycles were missing. When deputies arrived at the location to which they were dispatched, they found Hansen’s KTM motorcycle lying on its side. The Honda was not located at that time. Officers subsequently executed a search warrant on a motor home and shed belonging to defendant and codefendant Jeremiah Vail. Hansen’s Honda motorcycle was recovered during the search. Officers also found a Smith & Wesson .38-caliber revolver, an RG IND…