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P. v. Hernandez CA5
Martha Reyes’s car was stolen in the early morning hours on March 17, 2015. Law enforcement located the car a short time later and defendant David Hernandez, who was walking in the general area where the car was found, was arrested. Prior to his arrest, defendant provided Kern County Sheriff’s Deputy John McAdoo with a false name and birthdate.
Defendant was charged by amended information with violating Penal Code section 666.5 (prior conviction enhancement) (count 1); Vehicle Code section 10851, subdivision (a) (taking or driving stolen vehicle) (count 2); section 496d, subdivision (a) (receiving or possessing stolen vehicle) (count 3); and section 148.9, subdivision (a) (false representation or identification to peace officer) (count 4). The trial court bifurcated count 1; and the jury acquitted defendant of felony counts 2 and 3, and convicted him of count 4, a misdemeanor. The court denied probation, sentenced defendant to 90 days in county jail and imposed a $570 fee.

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