P. v. Rabalais
A jury convicted defendant Tashna Simone Rabalais of taking or driving a vehicle without the owners consent (Veh. Code, 10851, subd. (a))[1] and of receiving or concealing stolen property (Pen. Code, 496, subd. (a);[2] hereafter section 496(a).) The trial court sentenced defendant to serve the midterm of three years for the Vehicle Code section 10851, subdivision (a) offense and a consecutive sentence of one-third the midterm for the section 496(a) offense, for a total term of three years eight months. The trial court also ordered defendant to pay a restitution fund fine of $600 and a suspended parole revocation fine of $600. On appeal, defendant contends that she was erroneously convicted of both unlawfully taking and receiving the same property. Defendant also contends that the trial court erred by failing to instruct the jury that defendant could not be convicted of both taking and receiving the same property. Defendant further contends that, even if she is guilty of both offenses, the sentence imposed for the section 496(a) offense should have been stayed pursuant to section 654. With respect to the restitution fund fine and suspended parole revocation fine, defendant asserts that the abstract of judgment must be amended to reflect the oral judgment of the trial court. For reasons that we will explain, Court will modify the judgment and affirm the judgment as so modified.
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