People v. Gansereit CA3

Filed 1/25/23 P. v. Gansereit CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C095587 Plaintiff and Respondent, (Super. Ct. Nos. CRF2101944, v. CRF182098, CRF1913802)

ZACKARY JONATHAN GANSEREIT,

Defendant and Appellant.

Defendant Zackary Jonathan Gansereit pleaded no contest to vehicle theft, vandalism, receiving stolen property, and misdemeanor evading a peace officer. The trial court imposed an aggregate four-year four-month split sentence. On appeal, defendant contends the sentence on the vandalism count should have been stayed under Penal Code section 654.1 Finding no merit in the contention, we will affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND The victim noticed her Chevrolet Trax was missing on October 27, 2018. Two day later a sheriff’s deputy saw defendant driving the Trax and attempted a traffic stop. Defendant fled in the Trax and was able to evade the deputy. Two days after that, the deputy saw defendant walking in a parking lot and stopped him. Defendant admitted he had been driving the Trax and that he had attempted to flee from the deputy because he knew he was driving a stolen vehicle and did not want to go to jail. He explained that he parked the Trax near an orchard and directed someone else to light the vehicle on fire because he knew the vehicle was stolen and did not want to be linked to it. The deputy located the vehicle, confirmed that it was the stolen Trax, and noted that it had been damaged by fire. In case No. CRF182098 (case 098), defendant pleaded no contest to vehicle theft (Veh. Code, § 10851, subd. (a)), vandalism (§ 594, subd. (a)), and misdemeanor evading a peace officer (Veh. Code, § 2800.1, subd. (a)). The parties stipulated to a factual basis from the relevant Yuba County sheriff’s report. After defendant entered his plea, but before he was sentenced, he pleaded no contest in case No. CRF1913802 (case 802) to a count of receiving stolen property (§ 496d). If the judge in case 098 permitted defendant to complete a drug treatment program in exchange for probation, defendant would receive similar treatment in case 802. Defendant did not successfully complete the treatment program. The trial court sentenced him to four years four months in the two cases, to be served as a split sentence with 730 days in jail and the remainder on mandatory supervision. The sentence included eight months for the vandalism in case 098 (arranging to burn the vehicle), which the trial court found was a separate act from the vehicle theft. After defendant was released to mandatory supervision, he pleaded no contest to a count of vehicle theft (Veh. Code, § 10851) in case No. CRF2101944 (case 944). The trial court imposed a three-year sentence concurrent to the sentence in case 098.