People v. Farakesh CA6

I. BACKGROUND

A. The Complaint On July 22, 2019, the Santa Clara County District Attorney’s Office filed a complaint charging Farakesh with a single count of taking or unauthorized use of a vehicle with the intent to temporarily deprive the owner of possession, in violation of Vehicle Code section 10851, subdivision (a). The complaint alleged that Farakesh “did take or drive a vehicle, a[n] Alfa Romeo Giulia, belonging to Alfa Romeo Stevens Creek dealership, without the consent of the owner and with the intent to temporarily deprive the owner of title to and possession of the vehicle.” B. The Plea and Sentence On January 6, 2020, Farakesh pleaded no contest to a violation of Vehicle Code section 10851, subdivision (a). In the advisement of rights, waiver, and plea form, Farakesh agreed to plead no contest in exchange for placement on probation for three years with four months of custody in the county jail. Farakesh acknowledged by initialing the corresponding box that he “agree[d] there is [a] factual basis for my plea based on my discussions with my attorney(s) about the elements of the crime(s) and any defenses I may have, and I am satisfied with the advice I received.” He also…