P. v. Ibarra
Following a jury trial, defendant was convicted of unlawful taking and driving a Lincoln Aviator on December 23, 2005, and taking and driving a GMC Envoy on December 27, 2005 (Veh. Code, 10851, subd. (a); counts 1 and 7). As to both vehicle thefts, defendant was convicted of willful participation in a criminal street gang (Pen. Code, 186.22, subd. (a); counts 5 and 11).
When defendant drove off in the Aviator, the victims 10 month old child was sitting in the backseat. As a consequence, defendant was convicted of misdemeanor false imprisonment of the child victim ( 236; a lesser offense of count 9) and child endangerment ( 273a, subd. (a); count 10). Defendants conviction on count 5, for violation of section 186.22, subdivision (a), is reversed as a lesser included offense of count 4. In all other respects, the judgment is affirmed.
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