People v. Cardoza CA2/4

Filed 3/23/16 P. v. Cardoza CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262214

(Los Angeles County Plaintiff and Respondent, Super. Ct. No. VA136382)

v.

MATTHEW ALLEN CARDOZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Olivia Rosales, Judge. Reversed and remanded. Anthony W. Tahan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant Matthew Allen Cardoza pleaded nolo contendere to one count of petty theft with priors (Pen. Code, § 666).1 He subsequently filed a petition to recall his sentence and obtain resentencing pursuant to Proposition 47 (§ 1170.18). The trial court denied the petition, concluding defendant was ineligible for relief under Proposition 47 because the amount of the theft exceeded $950. The parties agree that the trial court erred in assessing the amount at issue. We reverse and remand for possible resentencing. FACTUAL AND PROCEDURAL SUMMARY2 The following facts are taken from the transcript of defendant’s preliminary hearing. Captain Jeffrey Graves of the City of Vernon Fire Department was conducting a routine fire check of an industrial building in the afternoon on August 6, 2014, when he spotted defendant near an electric utility pole located adjacent to the building. Defendant was standing near his car, which was parked next to the utility pole; there were tools and copper wiring on the ground nearby. Captain Graves observed a ladder tied to the pole and noticed that the transformer containers were missing from the top of the utility pole. Transformer containers typically contain “coils, copper wiring, and metal . . . plates.” Defendant told Captain Graves that he had permission from the property owners to “pull some wiring off of the property.” Captain Graves went to his vehicle to call for a police unit. When he turned back toward defendant, he observed defendant putting materials in his car “at a fast pace.” Defendant entered his vehicle and began to drive away. Captain Graves attempted to block defendant by standing in front of the property’s exit gate and raising his hands. Defendant accelerated his vehicle, forcing Captain Graves to jump out of the way. Defendant then drove away. An inspector from the electric company reported that two electric poles at the location of the incident had been “visibly” damaged, but did not say when the damage