P. v. Pena CA2/6

Filed 7/1/13 P. v. Pena CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B242570 (Super. Ct. No. 2011022870) Plaintiff and Respondent, (Ventura County)

v.

EMILSON LADIMIRO PENA,

Defendant and Appellant.

Emilson Ladimiro Pena appeals a judgment following conviction of receiving stolen property, possession of false vehicle registration documents, conspiracy to commit grand theft, attempted grand theft (two counts), and giving false information to a police officer, with a finding that he was on bail in an unrelated prosecution at the time he committed the present crimes ("out-on-bail enhancement"). (Pen. Code, §§ 496d, subd. (a), 182, subd. (a)(1), 664, 487, subd. (a), 148.9, subd. (a), former 12022.1, subd. (b)1; Veh. Code, § 4463, subd. (a).) We modify the judgment to strike a "no-contact" order, and to award Pena an additional 185 days of presentence conduct credit, reverse and remand for resentencing regarding the out-on-bail enhancement, but otherwise affirm.

1 All further statutory references are to the Penal Code unless stated otherwise. References to section 12022.1 are to the version in effect prior to repeal effective January 1, 2012.

FACTS AND PROCEDURAL HISTORY In 2011, Ventura County law enforcement agencies formed an auto theft task force to investigate a theft operation involving Toyota Tacoma trucks stolen from Los Angeles County and sold to unsuspecting buyers in Ventura County. The stolen trucks had fraudulent titles and displayed license plates stolen from other Tacoma trucks. The trucks were parked on residential streets, marked for sale with a telephone number, and sold thereafter in cash transactions. On June 20, 2011, Mario Delgado parked his Toyota Tacoma truck in front of his apartment in Los Angeles. Later that evening, he noticed that his truck was not there and reported the theft to police. Two days later, Abel Gutierrez saw a Toyota Tacoma truck parked on a residential street in Ventura, marked with a "For Sale" sign. Gutierrez telephoned the contact number and spoke to Baron Ramirez, who identified himself as "Fernando." Gutierrez informed Ramirez that he was interested in purchasing the truck. Detective George Orozco, a California Highway Patrolman and member of the auto theft task force, also saw the Toyota Tacoma truck marked for sale. The vehicle identification number on the truck matched the vehicle identification number on the truck stolen from Delgado, but the license plate number differed. Orozco telephoned Ramirez, who again identified himself as "Fernando," and the two agreed to meet the following day. In the afternoon of June 24, 2011, Orozco, working as an undercover officer, arrived at the location of the truck to meet Ramirez. Other law enforcement members of the task force were nearby conducting surveillance. Ramirez left a black Crown Victoria automobile driven by Pena and walked toward the Tacoma truck. Pena then drove away. Gutierrez and his wife appeared and parked near the truck. Orozco introduced himself to Ramirez and stated that he intended to purchase the truck. Ramirez