P. v. Madrid
A jury found defendant Alejandro Madrid guilty of second degree robbery (Pen. Code, § 211)[1] and receiving a stolen motor vehicle, to wit the getaway car used in the robbery (§ 496d, subd. (a)). In a bifurcated proceeding, the trial court found true allegations defendant had two prior serious or violent felony convictions. (§§ 1170.12, subd. (b), 667, subds. (a) and (d).) The trial court sentenced defendant to 25 years to life for the robbery and a concurrent 25 years to life for receiving a stolen motor vehicle, stayed pursuant to section 654.
Defendant’s sole contention on appeal is that his conviction for receiving a stolen motor vehicle must be reversed because there is insufficient evidence he knew the car, in which he was merely a passenger, was stolen, or that he had possession of it. We agree and shall reverse the judgment as to that offense.
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