People v. Sutton CA3

BACKGROUND

According to the stipulated factual basis for defendant’s plea, on or about June 30, 2021, a vehicle was stolen from a specified address in Yuba County. “Further investigation revealed through . . . surveillance footage . . . defendant driving that vehicle on June 26, 2021. And later on July 1st, 2021, [d]efendant was observed driving that vehicle out towards the Goldfields and coming back in a different vehicle and a Cal Fire investigation determined that the vehicle had been burned, the cause being arson. [¶] And . . . defendant suffered a prior strike, Yuba County case [No.] CRF99-80, felony conviction for Penal Code section 459 first.” An amended complaint charged defendant with arson of a structure or forest land (§ 451, subd. (c); count I), arson of property (§ 451, subd. (d); count II), driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count III), and receiving a stolen vehicle (§ 496d, subd. (a); count IV). In connection with each count, the amended complaint further alleged defendant had been convicted of a prior serious and/or violent felony. (§§ 667, subd. (d), 1170.12, subd. (b).) Defendant agreed to plead no contest to counts II…