P. v. Luna
Defendant appeals his convictions for two counts of unlawfully taking a vehicle (Veh. Code, 10851, subd. (a); counts 3 & 9); four counts of receiving stolen property (Pen. Code, 496, subd. (a), 496d, subd. (a); counts 4, 10, 14 & 15); five counts of vehicle burglary (Pen. Code, 459; counts 5, 8 & 11-13); assault on a peace officer (Pen. Code, 240; count 1); resisting arrest by attempting to remove a firearm (Pen. Code, 148, subd. (d)(1); count 2); obstructing or resisting peace officers (Pen. Code, 69; count 7); possession of methamphetamine (Health & Saf. Code, 11377, subd. (a); count 6); and possession of marijuana (Health & Saf. Code, 11357, subd. (b); count 16). He contends that he was prejudiced because the trial court failed to appropriately instruct the jury on the use of circumstantial evidence (CALJIC No. 2.01) and that the trial court violated Penal Code section 654[1]by not staying execution of sentence on the assault conviction (count 1). The judgment is affirmed.
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