P. v. Marquez
Appellant James Marquez was convicted, following a jury trial, of one count of grand theft auto in violation of Penal Code section 487, subdivision (d)(1) and one count of unlawful driving or taking of a vehicle in violation of Vehicle Code section 10851, subdivision (a). The trial court found true the allegations that appellant had suffered two prior serious or violent felony convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12 (the "Three Strikes" law). Appellant also pled no contest to four misdemeanor counts related to driving under the influence and to the attached enhancements. The trial court sentenced appellant to the upper term of three years for the grand theft conviction, doubled pursuant to the Three Strikes law.[1] The court also imposed a concurrent one-year term for the misdemeanor Vehicle Code section 23152 driving under the influence conviction. Sentence on the unlawful driving conviction and the three other misdemeanor convictions was stayed pursuant to section 654.
Appellant appeals from the judgment of conviction, contending that the conviction for driving or taking a vehicle must be stricken because it is a lesser included offense of grand theft auto. We affirm the judgment of conviction.
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