People v. Cordova CA2/6

Filed 7/16/25 P. v. Cordova CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B335041 (Super. Ct. No. BA505743 Plaintiff and Respondent, (Los Angeles County)

v.

JULIAN MICHAEL CORDOVA,

Defendant and Appellant.

Julian Michael Cordova appeals an order of probation granted following his conviction of vehicle theft and receiving a stolen vehicle. (Veh. Code, § 10851, subd. (a)1; Pen. Code, § 496d.) This appeal concerns Cordova’s arrest during a sting operation when he attempted to sell a stolen motorcycle he listed for sale on Facebook Marketplace. On appeal, Cordova claims that the trial court erred by denying his pinpoint instruction concerning mistake of fact – that he mistakenly believed the

1 All statutory references are to the Vehicle Code unless

stated otherwise.

motorcycle was not stolen. (CALCRIM No. 3406.) We conclude that any error was harmless and affirm. FACTS AND PROCEDURAL HISTORY On December 24, 2021, Roland Porter, a retired motorcycle mechanic, purchased a 2016 Triumph motorcycle at a police auction in Lincoln Heights for $1,250. The motorcycle was a rare model with distinctive features, including a specialized ignition and a unique exhaust. Porter received official sale documents, including a bill of sale and registration papers from the Department of Motor Vehicles. Porter left the motorcycle near the gate of the auction yard while he retrieved a trailer. When he returned the following morning, the motorcycle was missing. Porter reported the theft to law enforcement and also posted a reward on Craigslist. In February 2022, Porter received a call from a man who had seen his Craigslist post and notified him that the motorcycle was listed for sale on Facebook Marketplace. Porter found the listing which stated that the motorcycle was not stolen, but that the seller had no ownership documents. The listing included a vehicle report with a different vehicle identification number (VIN) and stated a $3,000 price. Porter was able to determine where the motorcycle was being stored from the Facebook photographs. Porter initiated contact with Cordova, the Facebook seller. Porter offered $2,000 for the motorcycle but Cordova rejected the offer. Eventually, they agreed upon a price of $2,800 and arranged to meet the following day. Meanwhile, Los Angeles Police Detective Michael Barrios sent Cordova and his roommate a Facebook message stating that the motorcycle had been stolen. He identified himself as a police