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P. v. Sills CA4/2
Defendant Guy Sills was implicated in the burglary of a car dealership and in removing two vehicles from the car lot. Ultimately, a jury convicted defendant of counts 1 and 3 for violations of Vehicle Code section 10851, subdivision (a), driving or taking a vehicle without consent. Defendant admitted having four prior prison convictions. (§ 667.5, subd. (b)). The trial court dismissed counts 2 and 4 (receiving a stolen vehicle, § 496d, subd. (a)) and three additional prior conviction allegations. The trial court sentenced defendant to nine years in prison: four years on count 1, one year on count 3, and one year for each of the four prior prison convictions.
On appeal, defendant argues the court erred when it allowed an amendment of the information and gave the jury instructions on the theory of taking, rather than driving, a vehicle. Defendant additionally contends that the prosecutor misstated the law in closing argument and the court should not have imposed consecutive sen

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