P. v. Rios
On October 24, 2013, a felony complaint charged defendant and appellant Theodore Rios and co-defendant Michael Ramirez with violating Penal Code section 530.5, subdivision (c)(3), willfully and unlawfully acquiring and possessing with an intent to defraud the personal identifying information of 10 or more other persons. The complaint also alleged a gang enhancement under section 186.22, subdivision (b)(1)(A). The complaint further alleged that defendant had suffered a prior strike under sections 1170.12, subdivisions (a) through (d) and 667, subdivision (b); a serious felony prior under section 667, subdivision (a)(1); and a one-year prison prior under section 667.5.
On December 12, 2013, defendant pled guilty to count 1 and admitted the one-year prison prior. The parties agreed that defendant would be sentenced to a total of four years, the upper term of three years on count 1 and one year for the prison prior to be served consecutively, with the remainder of the complaint to b
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