People v. Helmuth CA2/1

BACKGROUND

Among a series of crimes Helmuth committed between February 17 and February 22, 1990, Helmuth pleaded guilty on June 28, 1990 to unlawful driving or taking of a vehicle in violation of Vehicle Code section 10851. The Vehicle Code section 10851 charge was count 8 of an eight-count complaint. Helmuth pleaded guilty to all eight counts, admitted he had used a knife in connection with seven of the eight counts, and had been convicted of two prior serious felonies for purposes of Penal Code section 667, subdivision (a).1 The trial court sentenced Helmuth to a total of 15 years in prison based on the guilty plea. On June 2, 2021, Helmuth petitioned the trial court under section 1170.18 for an order reclassifying his Vehicle Code

Further statutory references are to the Penal Code.

2 conviction from a felony to a misdemeanor. At a hearing on July 1, 2021, the trial court denied Helmuth’s petition. At the hearing, the trial court explained that the “claim is that the vehicle [Helmuth] stole was less than $950.” The trial court had reviewed the record, and concluded that “[t]here is no evidence of the value of the vehicle except [Helmuth’s] assertion [in his section…