P. v. Martinez
A jury convicted Defendant of unlawfully taking or driving a vehicle (Veh. Code, 10851, subd. (a)), receiving a stolen vehicle (Pen. Code, 496d), evading an officer with reckless driving (Veh. Code, 2800.2, subd. (a)), and resisting an officer ( 148, subd. (a)(1)). In a bifurcated hearing, Martinez admitted a prior conviction of unlawfully taking or driving a vehicle ( 666.5, subd. (a)) and serving a prior prison term ( 667, subd. (b)). The court sentenced Martinez to four years eight months in prison, consisting of the middle term of three years for unlawfully taking or driving a vehicle, the middle term for receiving a stolen vehicle, stayed pursuant to section 654, one third the middle term for evading an officer, and one year for the prison prior. Martinez contends the trial court erred in entering a conviction for receiving a stolen vehicle because that is a lesser included offense of vehicle theft. The judgment is affirmed.
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