People v. Clements CA2/8

Filed 6/25/25 P. v. Clements CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B335546

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA514302) v.

ANDREW CLEMENTS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Renee F. Korn, Judge. Affirmed. Heather J. Manolakas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________________________

On August 23, 2023, the People filed an information charging Andrew Clements with driving a vehicle without consent (count 1; Veh. Code, § 10851, subd. (a)); and receiving a stolen vehicle (count 2; Pen. Code, § 496, subd. (d)). On November 1, 2023, the trial court began presiding over a jury trial where the jury heard the following evidence. Angel Rodriguez previously owned a 2013 Honda motorcycle, model number PCX-150. Rodriguez sold the motorcycle to his cousin, Manuel Velasquez in February of 2023. Rodriguez sold Velasquez the motorcycle with a broken front fender, including a three-to-four-centimeter piece of the fender missing. Rodriguez sold the motorcycle for $3,000 or $3,200 after comparing prices for comparable motorcycles on Facebook Marketplace. When Velasquez had the motorcycle in his possession, its condition was good other than the broken fender. Prior to the motorcycle being stolen, a key was required to start it, and a key was required to open the gas cap. On March 8 or March 9, 2023, Velasquez parked the motorcycle outside of his home for the evening. On March 9 or March 10, 2023, the next morning, Velasquez saw that the bike was missing. That day, police arrived at Velasquez’s home to take a report. On April 21, 2023, Rodriguez knew that Velasquez’s motorcycle had been stolen. He was waiting to see his girlfriend when he noticed Clements riding a motorcycle with a broken fender that looked like the stolen motorcycle. Rodriguez also saw that the motorcycle did not have a license plate. Consequently, Rodriguez took his own motorcycle to follow Clements. Rodriguez also called Velasquez and called 911.