People v. Welch CA5

Filed 7/1/14 P. v. Welch CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F067513

v. (Super. Ct. No. F13901657)

COLLETTE MARIE WELCH, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Alan M. Simpson, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Cornell, Acting P.J., Poochigian, J., and Detjen, J.

Appellant, Collette Marie Welch, pled no contest to unlawful driving or taking of a vehicle (count 1/Veh. Code, § 10851, subd. (a)) and receiving stolen property (count 2/Pen. Code, § 496, subd. (a)). On appeal Welch contends the court abused its discretion when it imposed the upper term. We affirm. FACTS On February 15, 2013, at approximately 8:30 a.m. after a California Highway Patrol officer spotted a stolen Dodge Avenger in a motel parking lot, an anti-auto theft team set up surveillance of the car. A short time later, Aaron Schwabenland parked a stolen Honda in the lot and walked to room 256. At 11:05 p.m. Schwabenland came out of the room and was arrested. Schwabenland admitted knowing the Honda and its license plates were stolen, but denied stealing them. Officers then went into room 256 and contacted Welch who admitted she had been driving the stolen Avenger and knowing the car was stolen. Welch also told the officers a friend had given her the keys to the car and that they were in her purse. On February 20, 2013, the district attorney filed a complaint charging Welch with unlawful driving or taking of a vehicle (count 1/Veh. Code, § 10851, subd. (a)) and receiving a stolen vehicle (count 2/Pen. Code, § 496d, subd. (a)), and charging codefendant Schwabenland with the same two counts (counts 3 & 4) and one count of receiving stolen property (count 5/Pen. Code, § 496, subd. (a)). On March 6, 2013, after count 2 was amended to allege that Welch received stolen property, Welch pled no contest to counts 1 and 2. On May 13, 2013, pursuant to the court’s directive, the probation officer filed a supplemental report. According to this report, when officers arrested Welch, in her purse they found several pieces of paper containing personal information for several people and a GPS unit that had been taken from a stolen vehicle. In her wallet the officers found four checks that belonged to Eric Gimm and Kara Vincent. In the motel room they found