P.v. McDaniel
A jury found defendant Shawn McDaniel guilty of unlawful driving of a vehicle (Veh. Code, 10851, subd. (a)) and receipt of stolen property (Pen. Code, 496d, subd. (a)). The trial court sentenced defendant to a total of 13 years in state prison.
On appeal, defendant contends: (1) the trial court erred in denying his motion for a new trial based on the discovery of new evidence that would have made a different result probable on retrial; (2) there was insufficient evidence to support the trial courts finding that he had a prior strike conviction; (3) he was effectively convicted of taking and receiving stolen property in violation of the common law and Penal Code section 496d, subdivision (a); and (4) the trial court had a sua sponte duty to instruct the jury that defendant could not be convicted both of stealing and receiving the same stolen property and on the difference between vehicle theft and posttheft driving of a stolen vehicle. Court affirm in part and reverse in part.
Comments on P.v. McDaniel