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P. v. Avetoom
In March 1997, a jury convicted Karl Ivan Avetoom of one count of selling stolen property, one count of grand theft by false pretenses, and two counts of operating a motorcycle chop shop as charged in a 32-count information. The convictions were based on the theft of Duane Cruz’s 1990 Suzuki motorcycle with a vehicle identification number (VIN) of JS1GV73A8L2100380 (the Cruz 380 Bike).[1] The prosecutor alleged the Cruz 380 Bike was stolen, Avetoom altered or caused to be altered the Cruz 380 Bike’s VIN to JS1GV78A8L2100880,[2] and Avetoom sold the Cruz 380 Bike with the altered VIN to Bert’s Motorcycles. That motorcycle, however, was never made available to Avetoom’s defense, despite his motion that it be produced. In our prior nonpublished opinion People v. Robert Burns Yule II & Karl Ivan Avetoom (June 28, 1999, G022070) (Avetoom I), we affirmed Avetoom’s convictions.
Almost 11 years later in April 2010, Avetoom filed a motion to vacate his convictions pursuant to Penal Code section 1473.6[3] based on newly discovered evidence. He argued newly discovered evidence established that in 1995, the prosecution had two motorcycles in its possession, one with VIN JS1GV73A8L2100380 and another with VIN JS1GV78A8L2100880, and that the prosecution destroyed or altered the motorcycle with VIN JS1GV78A8L2100880 to falsely implicate him in the operation of a motorcycle chop shop based on the theft and alteration of the motorcycle with

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