P. v. Egyed
Defendant Joseph Edward Egyed was employed as a mechanic at a motorcycle dealership. In July 2006, a peace officer encountered him, in an intoxicated condition, about five miles away from the dealership. He pointed to a nearby motorcycle and claimed that he had ridden it there from the dealership. The officer, who knew defendant, also knew that he did not own the motorcycle. Defendant told him that he was working on the motorcycle and was taking it for a test drive. The officer returned the motorcycle to the dealership where the owner confirmed that it had been stolen. Defendant later admitted to a deputy sheriff that the motorcycle belonged to a customer of the dealership and that he did not have permission to drive it.
A jury convicted defendant of unlawful driving or taking of a vehicle. (Veh. Code, 10851, subd. (a).) He admitted having served a prior prison term. (Pen. Code, 667.5, subd. (b).) He was sentenced to state prison for three years, awarded 194 days of custody credit and 96 days of conduct credit, and ordered to pay a $200 restitution fine (id. 1202.4, subd. (b)), a $200 restitution fine suspended unless parole is revoked (id. 1202.45), and a $20 court security fee (id. 1465.8). Defendant appeals. The judgment is affirmed.
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