People v. Perez CA3

Filed 2/17/23 P. v. Perez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C096397

v. (Super. Ct. Nos. 21CR002957, 21CR003050) PERRY JOSEPH PEREZ, JR.,

Defendant and Appellant.

Defendant Perry Joseph Perez, Jr., pleaded guilty to burglary, receiving a stolen GMC Sierra truck, and receiving a stolen Toyota Corolla. The trial court sentenced him to the upper term of six years for the burglary, and two concurrent terms of two years each for receiving the stolen GMC Sierra truck and the Toyota Corolla. Defendant now contends (1) that under Penal Code section 654, 1 the trial court should have stayed his sentence for receiving the stolen GMC Sierra because he stole that truck in the burglary, and (2) if that sentence is stayed, we should remand the matter for reconsideration of the restitution fine.

1 Undesignated statutory references are to the Penal Code.

1

We conclude defendant has not established section 654 error. Accordingly, we do not address his restitution contention. We will affirm the judgment. BACKGROUND In case No. 21CR002957 (case 2957), a complaint charged defendant with burglary (§ 459 -- count 1), receiving a stolen GMC Sierra truck (§ 496d -- count 2), receiving a stolen Dodge Ram truck (§ 496d -- count 3), taking the Dodge Ram truck (Veh. Code, § 10851, subd. (a) -- count 4), and receiving a stolen wallet (§ 496, subd. (a) -- count 5). The complaint alleged defendant had a prior felony conviction (§ 666.5.) In case No. 21CR003050 (case 3050), a complaint alleged defendant received a stolen Toyota Corolla (§ 496d) and had a prior felony conviction. The prosecution moved to consolidate the cases and asserted the following facts for the first case: that in November 2021, the victim reported a burglary at her residence; personal items were stolen from the house and her late father’s Dodge Ram truck was taken; that evening, officers responded to a report of a stolen GMC Sierra truck; the officers found defendant in the driver’s seat of the GMC Sierra, and in searching defendant, they found items taken from the burglary including keys to the Dodge Ram. In case 2957, defendant pleaded guilty to the burglary and to receiving the stolen GMC Sierra truck. And in case 3050, defendant pleaded guilty to receiving the stolen Toyota Corolla. The trial court received police reports as the factual bases for the pleas but neither are contained in the record. The probation report described the offenses in case 2957 in relevant part as follows: that on November 19, 2021, officers located a stolen vehicle parked at a gas station. Defendant and his passenger were detained. Defendant carried an ignition key belonging to another vehicle, and the passenger carried a driver’s license belonging to the victim’s deceased father. The victim had reported a residential burglary that day; a truck had been stolen. The victim arrived on scene and recognized the ignition key as belonging to her father’s truck that had been stolen during the burglary.