People v. Paulsen

Opinion

CAMPBELL, P. J.—

Factual and Procedural History

This case arises from an elaborate scheme in which defendant and a codefendant defrauded or attempted to defraud a number of merchants through payment for goods with stolen, altered cashier’s checks, using false identification. Defendant was charged with numerous offenses including three counts of conspiracy to commit the crime of grand theft (Pen. Code, § 182, subd. (1)). Pursuant to a plea bargain, she was permitted to plead guilty to one count of conspiracy, pronouncement of judgment was withheld, and she was placed on probation for three years.

As part of her plea agreement, defendant waived her rights regarding dismissed counts “to the extent that the Court may consider such dismissed

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counts in deciding whether or not to grant probation and in deciding whether or not to impose a midterm, aggravated or mitigated prison term.” At the sentencing hearing, defendant contended that she should not be subjected to proposed probation term number 12, surrender of her driver’s license to the court pursuant to Vehicle Code section 13350.

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She argued that a vehicle was not used in the crimes and that she needed her driver’s license in order to find employment while on probation. The trial court made the requisite finding under section 13350 and ordered defendant to surrender her driver’s license as a condition of her probation.

Discussion

Defendant’s sole contention on appeal is that the trial court erred in ordering her driver’s license revoked because a motor vehicle was not “used” in the crimes as required by section 13350. She argues that, though an Isuzu car and a U-Haul truck were used to transport and store stolen merchandise during the perpetration of the fraud scheme, this incidental involvement of motor vehicles did not amount to “use” under section 13350.

Section 13350 provides that the Department of Motor Vehicles must revoke the driving privilege of any person who has been convicted of “[a]ny felony in the commission of which a motor vehicle is used, . . .” In a very recent case,