P. v. Garcia
Defendant Anthony Daniel Garcia appeals from a judgment of conviction entered after a jury found him guilty of grand theft of an automobile (Pen. Code, 487, subd. (d)(1);[1]count 1), kidnapping ( 207, subd. (a); count 2), resisting an executive officer ( 69; count 5), and transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a); count 7).[2] The trial court found true the allegations defendant suffered two prior serious felony convictions ( 667, subds. (a), (b)-(i), 1170.12) and one prior conviction for which he served a prison term ( 667.5, subd. (b)). The trial court sentenced him to state prison for an indeterminate term of 50 years to life plus a determinate term of 5 years.
On appeal, defendant challenges the sufficiency of the evidence to support his conviction of grand theft of an automobile and claims the trial courts instruction as to this crime was erroneous. He also claims sentencing error. Court agree there was instructional and sentencing error, requiring that we modify the judgment to reflect a conviction of unlawful taking or driving a vehicle (Veh. Code, 10851, subd. (a)) on count 1, and that Court remand for resentencing.
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