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P. v. Penner CA5
On January 11, 2016, defendant Gerald Pete Penner was charged with six offenses: two counts of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); counts 1, 3); three counts of receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a); counts 2, 4, 6); and one count of operation of a chop shop (Veh. Code, § 10801; count 5).
On March 22, 2016, defendant was found guilty of counts 1, 3, and 5. Counts 2 and 4 were discharged after trial and a mistrial was declared on count 6. Defendant was sentenced to three years for count 5, two years for count 1, and two years for count 3. The sentences for counts 1 and 3 were to run concurrent to count 5. Defendant filed a timely appeal, arguing the conviction for operation of a chop shop was not supported by substantial evidence. We affirm the judgment.

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