P. v. Cota
A jury found Juan Manuel Cota guilty of grand theft of an automobile (Pen. Code,[1] 487, subd. (d)(1)) (count 1); unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)) (count 2); receiving, concealing, or withholding a stolen vehicle ( 496d) (count 3); and misdemeanor giving false information to a peace officer ( 148.9, subd. (a)) (count 4). Cota waived his right to a jury trial on allegations of a prior section 496d conviction ( 666.5, subd. (a)) as to each of the first three counts; in a bifurcated hearing the court found these allegations true.
The court sentenced Cota to three years in prison: the three-year middle term for grand theft of an automobile, stayed terms ( 654) for unlawful driving or taking of a vehicle and receiving a stolen vehicle, and credit for time served for giving false information to a peace officer. Cota appeals, contending his convictions of unlawful driving or taking of a vehicle and receiving a stolen vehicle must be reversed because they are based on the same conduct as his conviction of grand theft of an automobile. The People concede the point.
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