P. v. Hughes
Appellant stands convicted, following a jury trial, of receiving a stolen motor vehicle (Pen. Code, 496d, subd. (a); count 2) and receiving stolen property ( 496, subd. (a); count 3), both felonies, and resisting arrest ( 148, subd. (a)(1); count 4) and possession of a burglary tool ( 466; count 5), both misdemeanors.[2] He admitted having suffered a prior conviction under the Three Strikes Law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), having served a prior prison term ( 667.5, subd. (b)), and having previously been convicted of vehicle theft ( 666.5). Sentenced to a total unstayed term of seven years in prison plus 288 days in jail, he now appeals, claiming the evidence was insufficient to sustain the conviction on count 5 and imposition of the upper term on count 2 violated his constitutional rights. For the reasons that follow, Court affirm.
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