P. v. Shah CA4/3
A jury found defendant, Ibrahim M. Shah, guilty of felony vehicle taking with a prior conviction (Pen. Code, § 666.5, subd. (a); Veh. Code, § 10851, subd. (a); count 1) and receiving a stolen vehicle worth more than $950 (§ 666.5, subd. (a), § 496d, subd. (a); count 2). Defendant admitted he was previously convicted of a violation of Vehicle Code section 10851. The court sentenced defendant to three years in jail.
Defendant appeals, contending the trial court abused its discretion in failing to impose a split sentence pursuant to section 1170, subdivision (h). Recognizing his trial counsel failed to object to the court’s sentencing approach and therefore he forfeited his right to complain on appeal, defendant also contends trial counsel rendered ineffective assistance.
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