P. v. McDaniel
A jury convicted appellant Andre Lavont McDaniel of violating Vehicle Code[1]section 4463, subdivision (a) (section 4463(a)). He pleaded no contest to a charge of driving with a suspended or revoked license in violation of section 14601.2, subdivision (a). The trial court sentenced appellant to eight months in jail for the section 4463 violation and 180 days for violating section 14601.2. The court considered these convictions in conjunction with judgments from a previous case, and imposed an aggregate sentence of five years and eight months. On appeal, appellant challenges his section 4463 conviction, arguing that (1) section 4462, subdivision (b) (section 4462(b)) is a lesser included offense of section 4463(a) and thus the trial court should have instructed the jury on the lesser included offense; and (2) there is insufficient evidence to support the finding that appellant had the requisite knowledge and intent to violate section 4463. Court affirm the judgment.
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