P. v. Morales
Appellant Sarah Rebecca Morales appeals from a judgment entered after a jury found her guilty of count 1, unlawful driving or taking of a vehicle, a maroon pickup truck (Veh. Code, 10851, subd. (a)); count 2, assault on a peace officer (Pen. Code, 245, subd. (c));[1] count 3, assault on a peace officer ( 245, subd. (c)); count 4, assault on a peace officer ( 245, subd. (c)); count 6, willfully evading a peace officer (Veh. Code, 2800.2, subd. (a)); count 7, resisting an executive officer ( 69); and count 8, unlawful driving or taking of a vehicle, a white Honda (Veh. Code, 10851, subd. (a)). The trial court sentenced appellant to eight years and four months in state prison consisting of the following: count 2, the upper term of five years; count 1, eight months (one-third the midterm of two years); count 3, four months (one-third the midterm of one year); and count 4, four months (one-third the midterm of one year). Appellant was also sentenced to the midterm of two years each for count 6, count 7, and count 8, to run concurrently.
Appellant contends that: (1) the trial court erroneously instructed the jury that it could convict her of a crime committed by co-perpetrator Glenn Patrick Rose if the crime was the natural and probable consequence of a different crime that appellant committed; and (2) the trial court erroneously instructed the jury that appellant could be guilty of Roses assaults with the maroon truck if appellant aided and abetted Roses efforts to evade police in a different vehicle earlier that evening.
We affirm.
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