People v. HarrellAnnotate this Case
Fairfield Officer Anderson testified that, while patrolling a residential neighborhood, he noticed a BMW parked on the street without license plates. He approached the car and saw that Harrell was asleep in the driver’s seat. Anderson identified himself as police and asked Harrell to roll the window down or open the door to talk. Harrell did not comply nor would he show identification but gave his name and date of birth. A record check revealed that Harrell was on Post Release Community Supervision (PRCS). Anderson removed Harrell from the car to conduct a PRCS compliance check. Anderson found notebooks and paperwork that contained personal identifying information for approximately 20 people. After arresting Harrell, Anderson contacted several of those people, who reported that Harrell did not have permission to have their personal information. The prosecution submitted documentary evidence regarding Harrell’s prior conviction for identity theft.
Harrell was convicted of three felony counts of acquiring or keeping the personal identifying information of three individuals. after having previously suffered a conviction for this same crime. He was sentenced to 12 years and 8 months in prison. The court of appeal rejected Harrell’s contention that his convictions for felony fraudulent possession of personal identifying information must be reclassified under Penal Code 490.2 as misdemeanors and affirmed the denial of Harrell’s suppression motion, but concluded his section 667.5(b) enhancements must be stricken.