P. v. Cuevas
An amended complaint was filed against Baker, Cuevas, and nine other defendants, alleging 22 counts. Baker was charged with residential burglary (Pen. Code, 459, count 2), unlawful taking of a vehicle (Veh. Code, 10851, subd. (a), count 3), receiving a stolen vehicle (Pen. Code, 496d, subd. (a), count 4), receiving stolen property (Pen. Code 496, subd. (a), counts 5 & 7), arson (Pen. Code, 451, count 8) and assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1), count 21.) Cuevas was charged with receiving stolen property (Pen. Code, 496, subd. (a), count 9), residential burglary (Pen. Code, 459, count 12), transportation of steroids (Health & Saf. Code, 11379, subd. (a), count 20), and grand theft of a firearm (Pen. Code, 487, subd. (d)(2), count 22.) It was further alleged as to each count that the offense was committed for the benefit of a criminal street gang. (Pen. Code, 186.22, subd. (b).)
On that same date, defendant Cuevas waived his right to a preliminary hearing, pled guilty to counts 9, 12, 20, and 22, admitted the gang enhancement as to count 12, and waived his appeal rights, in return for a stipulated state prison sentence of six years four months. The parties stipulated that a factual basis for the plea was established by the sealed search warrant affidavit relied upon for Bakers plea. On April 16, 2007, he was sentenced in accordance with the plea agreement. He filed a notice of appeal but did not request a certificate of probable cause.
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