P. v. Segura
jury convicted Geraldo Segura of one count of unlawful driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a) and one count of evading police while driving recklessly in violation of Vehicle Code section 2800.2. Segura admitted a prior felony conviction. The trial court imposed the midterm sentence on count 1 and one third the midterm sentence on count 2, to run consecutively, for a total of three years eight months in prison.
Segura challenges the conviction on one ground: He argues the trial court erred by failing to instruct the jury sua sponte on joyriding in violation of Penal Code former section 499b as a lesser included offense of violating Vehicle Code section 10851, subdivision (a). Court conclude joyriding in an automobile cannot be a lesser included offense because amendments enacted in 1996 to section 499b removed joyriding in an automobile from the sections reach. Even if joyriding in an automobile remains a lesser included offense, the evidence at trial did not support giving an instruction on that offense. Court therefore affirm.
Comments on P. v. Segura