P. v. Morneau
A City of Long Beach police officer observed defendant Devin Morneau (defendant) driving a vehicle and acting suspiciously. The officer discovered that the license plate on the vehicle was not on file, followed defendants route, and located defendant walking down the street about a half block away from the vehicle he had been driving. The officer detained and arrested defendant, and determined the vehicle he was driving had been reported as stolen.
Defendant was charged with and convicted of one count of unlawful driving or taking of a vehicle, in violation of Vehicle Code section 10851, subdivision (a). Based on, inter alia, defendants criminal record, the trial court imposed the upper term sentence.
On appeal, defendant contends that there was insufficient evidence to support his conviction and that the trial court erred when it imposed the upper term sentence based on aggravating factors that were not found by a jury. Court hold that the officers identification of defendant as the driver of the vehicle, together with defendants conduct, were sufficient to support the conviction and that the trial court did not err in imposing the upper term based on defendants criminal record. Court therefore affirm the judgment.
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