Killian
People v. Killian
Opinion
Opinion
Danner, J.
I. FACTS AND PROCEDURAL BACKGROUND
A. Procedural History Killian has appealed from the judgment in two cases and from a restitution order.
3 Killian’s notice of appeal includes a second no contest plea case, discussed post, but on appeal he makes no legal claims of error with respect to that conviction. Killian also filed a second notice of appeal with respect to a postjudgment restitution order. He similarly makes no legal claims of error with respect to that order. We granted Killian’s motion to consider the appeals together for the purposes of briefing, oral argument, and disposition. 2 In July 2022, in docket No. 22CR003439 (hereafter “jury trial case”), the Monterey County District Attorney filed a second amended information (information) charging Killian with operating a chop shop (§ 10801; count 1), receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a); count 2), tampering with VIN’s (§ 10802; count 3), and being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count 4).4 The information also included a prior strike conviction allegation (Pen. Code, § 1170.12, subd. (c)(1)), asserting that on March 7, 1996, in Monterey County Superior Court…