P. v. Diaz
On January 31, 2012, an information alleged that defendant and appellant Camila Diaz committed the crime of unlawfully driving, taking, buying and receiving a vehicle that had been obtained by theft under Penal Code section 666.5, while defendant had sustained a previous conviction for unlawfully taking a vehicle under Vehicle Code section 10851, subdivision (a), and grand theft involving a vehicle under Penal Code section 487, subdivision (3) (count 2).[1] The information also alleged a prior strike offense under Penal Code section 211, within the meaning of Penal Code sections 667, subdivisions (c) and (e)(1) and 1170.12, subdivision (c)(1). The information further alleged that defendant had served a prior prison commitment within the meaning of Penal Code section 667.5, subdivision (b).
On May 9, 2012, defendant filed a motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, to dismiss her prior strike under Penal Code section 1385. The court denied the motion.
On June 1, 2012, defendant entered into a plea agreement. She pled guilty to the charge of violating Penal Code section 666.5, subdivision (a) (count 2) and admitted the prior strike allegation. Defendant waived her right to appeal.
On the same day, the court sentenced defendant to prison for four years (the low term of two years, doubled by the prior strike). The court also imposed a restitution fine of $240, a $30 conviction fee, a $40 court security fee, and a $1,200 victim restitution fee. The court awarded presentence custody credit of 144 days. The prosecution’s motion to strike the prior prison commitment allegation was granted.
On June 18, 2012, defendant filed a timely notice of appeal challenging the sentence or other matters occurring after the plea. Defendant did not file a request for certificate of probable cause.
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