P. v. Deleon CA5
Esiquiel Deleon, Jr. (defendant) and Anthony Montano were jointly charged with vehicle theft (Veh. Code, § 10851, subd. (a) [count 1]); receipt of a stolen vehicle (Pen. Code, § 496d, subd. (a) [count 2]); grand theft (§ 487, subd. (a) [count 3]); and receipt of stolen property (§ 496, subd. (a) [count 4]). Defendant was separately charged with resisting a police officer (§ 148, subd. (a)(1) [count 6]); and possessing burglary tools (§ 466 [count 7]). In connection with counts 1 through 4, the information alleged defendant was previously convicted of active gang participation (§ 186.22, subd. (a)), a qualifying strike under the “Three Strikes” law (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)); and served four prior prison terms (§ 667.5, subd. (b)). Later, counts 1 and 2 were set aside pursuant to section 995.
Comments on P. v. Deleon CA5