People v. Vargas CA4/1

Filed 1/12/16 P. v. Vargas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D068097

Plaintiff and Respondent,

v. (Super. Ct. No. SCN201093-2)

JORGE VARGAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Suzanne G. Wrubel, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Daniel

Hilton, Deputy Attorneys General, for Plaintiff and Respondent.

In September 2005, Jorge Vargas stole more than $100 worth of avocados. In

October, he entered a negotiated guilty plea to grand theft of avocados, a felony (Pen.

Code,1 § 487, former subd. (b)(1)(A)). At that time, section 487 defined grand theft as,

inter alia, a taking of "money, or real or personal property . . . of a value

exceeding . . . [$400]" (§ 487, subd. (a)) or "avocados . . . of a value