People v. Kelley CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The People’s complaint charged defendant with driving or taking a vehicle without the consent of the owner (Veh. Code, § 10851, subd. (a)) with an allegation he had suffered a prior strike (Pen. Code, §§ 667, subd. (b)-(i), 1170.12, subd. (b).) (Statutory section citations that follow are found in the Penal Code.) The parties resolved the case with defendant pleading guilty and admitting the prior strike. In exchange,

1 defendant would receive a stipulated sentence to the lower term of 16 months doubled to 32 months because of the prior strike. The stipulated factual basis for the plea was that defendant took his friend’s Ford Expedition with a value over $1,000 without permission. The Expedition was reported stolen, but was not recovered until after it was involved in an accident approximately a week later. On October 18, 2021, the trial court sentenced defendant in accordance with the plea agreement and awarded defendant 83 actual days plus 82 conduct days for a total of 165 days custody credits. The court also imposed a $300 restitution fine (§ 1202.4), a $300 suspended parole revocation restitution fine (§ 1202.45), a…