People v. Strohman

Opinion

GILBERT, P. J.

Vehicle Code section 250 states in part: “A ‘chop shop’ is any building, lot, or other premises where any person has been engaged in altering, destroying, disassembling, dismantling, reassembling, or storing any motor vehicle or motor vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud . . . .”

[1315]

Here we hold that receiving stolen property is not a necessarily included offense of operating a chop shop. [. . .]

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Marvin Dean Strohman appeals from a judgment after conviction of receiving stolen property (Pen. Code, § 496, subd. (a)) and of operating a chop shop. (Veh. Code, §§ 250, 10801.) [. . .]

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We affirm.

Facts

Todd Crouch owned a distinctive turquoise- and bone-colored Harley Davidson motorcycle. Less than two months after he bought it, it was stolen from a hotel parking lot in San Luis Obispo.

A week later, Santa Barbara County Sheriff Sergeant Kenneth Reinstadler saw the bike parked outside a bar in Orcutt. He spoke with Strohman who told him he “deals in bikes” and purchased this bike at a discount.

Nine days later, officers served a search warrant on Strohman’s Orcutt home. Deputies found hundreds of thousands of motorcycle parts throughout the residence. Some of the parts were from stolen bikes, and others had altered vehicle identification numbers (VIN’s). Parts from Couch’s motorcycle were found in the living room. Strohman admitted violating vehicle registration statutes because he bought and sold so many bikes. He did not have receipts showing lawful purchases of the bikes.

Strohman testified that he purchased the bikes and parts lawfully and did not know they were stolen or had altered VIN’s. He also denied making false or inconsistent statements to the officers who conducted the investigation.

In addition to the evidence at trial, the court had information regarding Strohman’s criminal activities. Before serving the search warrant on his residence, officers had seen other stolen motorcycles there. A license plate from one stolen motorcycle was recovered at his home. Police informants had purchased methamphetamine from Strohman. The search of his home uncovered drugs and drug paraphernalia. Officers also recovered stolen household appliances and fixtures stolen from Strohman’s former landlord.