People v. Portillo CA4/3

Filed 9/13/24 P. v. Portillo CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063878

v. (Super. Ct. No. FWV22000639)

ORLANDO PORTILLO, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of San Bernardino County, Michael A. Camber, Judge. Affirmed. Reed Webb, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Warren J. Williams, Deputy Attorneys General, for Plaintiff and Respondent.

After a jury convicted Orlando Portillo of taking a vehicle without the owner’s consent, the court imposed a suspended middle term sentence of three years and placed him on mandatory supervision. Portillo argues the trial court abused its discretion in imposing the middle term based on its conclusion his trial testimony was not credible. Portillo forfeited this argument by failing to object at the time of sentencing. Even if Portillo did not forfeit his argument, it fails on the merits because the trial court did not abuse its discretion in sentencing Portillo to a suspended middle term of three years with mandatory supervision. We therefore affirm the judgment. FACTUAL AND PROCEDURAL HISTORY On the night of February 18, 2022, J.L. parked his 2016 box truck at the business he owned. The next day, he discovered the truck was missing and reported it stolen to police. On February 20, 2022, a police officer conducted a traffic stop of J.L.’s truck, which Portillo was driving. The officer observed the locking mechanism on the outside passenger door and the ignition mechanism had been punched out. There were no keys in the ignition. The officer saw two screwdrivers with fresh metal shavings on the tips in the front compartment of the truck, suggesting the screwdrivers were used to open the door and start the truck. Portillo told the officer he was driving the truck home after the owner asked him to repair it. J.L. did not know Portillo and did not give him permission to drive or repair his truck. Portillo was charged with taking a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a); count 1) and receipt of stolen property