P. v. Stewart
On June 24, 2008, the Riverside County District Attorney filed an information charging defendant and appellant Aaron Maurice Stewart with (1) vehicle theft, in violation of Vehicle Code section 10851, subdivision (a) (count 1); (2) buying or receiving stolen property, in violation of Penal Code section 496d, subdivision (a) (count 2); and (3) possession of drug paraphernalia, in violation of Health and Safety Code section 11364 (count 3). The information also alleged defendant suffered a prior strike and two prison priors within the meaning of Penal Code sections 667.5, subdivision (b), 667, subdivision (e)(1), and 1170.12, subdivision (c)(1).
On September 17, 2008, defendant pled guilty to count 3, possession of drug paraphernalia. The following day, a jury trial commenced on counts 1 and 2. On September 22, 2008, a jury found defendant guilty of receiving stolen property (count 2), and not guilty of vehicle theft (count 1). On September 24, 2008, the trial court found defendants prior allegations true. On November 7, 2008, the trial court sentenced defendant to an aggregate term of six years in prison: two years in prison for count 2, doubled per his strike prior, plus one year for each of the two prison priors. On appeal, defendant contends that his conviction for receiving stolen property (count 2) must be reversed because it is not supported by substantial evidence. For the reasons set forth below, Court shall affirm the judgment.
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