P. v. Johnson
Defendant Judah Titus Johnson was convicted of unlawfully taking or driving a vehicle (Veh. Code, 10851, subd. (a) (section 10851(a))) and receiving that same vehicle as stolen property (Pen. Code, 496d, subd. (a) (section 496d(a))). The trial court imposed the upper term of three years for the violation of section 10851(a), doubled to six years for a prior strike conviction, imposed the upper term of three years for the violation of section 496d(a), double to six years for a prior strike conviction, stayed pursuant to Penal Code section 654, and imposed two consecutive terms of eight months each for two other cases in which defendant had violated probation.
We find no error in the trial courts evidentiary rulings that were properly preserved for appellate review, and -- construing defendants conviction for violating section 10851(a) as a conviction for posttheft driving -- we conclude that both of defendants convictions may stand. We also find no prejudicial error in the trial courts failure to give a unanimity instruction. Court do, however, agree that the trial court erred in imposing an upper term based on a single prior conviction for drug possession, and Court therefore vacate defendants sentence and remand the case for resentencing.
Comments on P. v. Johnson