P. v . Ortiz
Filed 6/30/06 P. v . Ortiz CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. RICARDO ORTIZ, Defendant and Appellant. | E038314 (Super.Ct.No. RIF 119339) OPINION |
APPEAL from the Superior Court of Riverside County. Dennis A. McConaghy, Judge. Affirmed.
Jennevee H. DeGuzman and Carmela F. Simoncini, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising
Deputy Attorney General, and Raymond M. Diguiseppe, Deputy Attorney General, for Plaintiff and Respondent.
A jury found defendant Ricardo Ortiz guilty of unlawful driving or taking of a vehicle (count 1; Veh. Code, § 10851, subd. (a)[1]); receiving a stolen vehicle (count 2; Pen. Code, § 496d, subd. (a)[2]); and possession of instrument for ingesting controlled substances (count 4; Health & Saf. Code, § 11364). The jury acquitted defendant of count 3, possession of a shuriken (Pen. Code, § 12020, subd. (a)(1))[3]. Defendant thereafter admitted that he had suffered a prior prison term within the meaning of section 667.5, subdivision (b). The trial court sentenced defendant to a total prison term of three years.
Defendant contends the trial court violated his constitutional rights by failing to give the unanimity instruction, CALJIC No. 17.01, as to count 1. Defendant also contends he could not properly be convicted of both illegally taking/driving the vehicle and receiving the stolen vehicle. We reject these contentions and affirm the judgment.
1. Factual Background
On September 14, 2004, at 11:00 p.m., Salvador Marvilla heard his Chevy Beretta engine starting. He went outside his apartment and saw someone drive his car away. He could not see the driver. Marvilla had not given anyone permission to drive his car and the car keys were with him in his apartment. His apartment was located on Rutland Street in Riverside.
Marvilla and his brother-in-law, who lived with Marvilla, got in Marvilla's truck and unsuccessfully pursued the Beretta. After losing cite of the Beretta, they returned home and reported the theft to the police.
On September 20, 2004, at 3:00 p.m., Police Officer Jeffrey Jones responded to a report that the Beretta had been located at Rutland and Ruth streets in Riverside. Upon arriving at the sight, Jones spotted the Beretta. Jones pulled the Beretta over and ordered defendant out of the car. Defendant was sitting in the driver's seat and there was a passenger.
Jones noticed there was no key in the ignition and the ignition had been â€
