People v. Harris CA5
Opinion
Opinion
BACKGROUND
On February 12, 2021, defendant drove a vehicle off a dealership lot as he and a salesman were preparing to test drive it. The vehicle was worth between $44,000 and $48,000. The vehicle’s tracking device allowed the police to recover the vehicle at an apartment complex. Defendant was found and arrested about two weeks later. Defendant testified in his defense that he had completed the paperwork and bought the vehicle with another salesman, and the salesman who testified against him was never even present. Defendant did not produce the paperwork at trial. On July 8, 2021, the Fresno County District Attorney filed a first amended consolidated information charging defendant with vehicle theft (Veh. Code, § 10851, subd. (a); count 1), receiving a stolen vehicle (Pen. Code, § 496d, subd. (a);1 count 2), and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (b); count 3). The information further alleged defendant had suffered a prior conviction for vehicle theft (§ 666.5) and a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)).