People v. Wertz CA1/4

BACKGROUND

The sentencing hearing at issue in this appeal consisted of a resentencing in case No. CR959472 (case No. 1) and sentencing on case Nos. CR962360-C (case No. 2) and case No. CR963398 (case No. 3).

All further statutory references are to the Penal Code 1

unless otherwise indicated.

1 In January 2021, the district attorney filed an amended complaint in case No. 1, charging Wertz with unlawfully taking a motor vehicle with a qualifying prior conviction (Veh. Code, § 10851, subd. (a)), Pen. Code, § 666.5); buying or receiving a stolen vehicle (§ 496d, subd. (a)); and misdemeanor driving without a license (Veh. Code, § 12500, subd. (a)). On September 20, 2021, Wertz pleaded no contest to unlawfully taking a motor vehicle with a qualifying prior conviction, agreeing to an upper term sentence of four years in county jail in exchange for the dismissal of the remaining counts. The next month, the trial court sentenced Wertz to a split sentence of three years in county jail prison and one year of mandatory supervision. On January 10, 2022, the district attorney filed a complaint in case No. 2 charging Wertz with grand theft (§ 487, subd. (a)) and making a false statement to…