P. v. Israel
Defendant was convicted by jury of one count of carjacking, one count of vehicle theft with a prior conviction and one count of evading an officer with reckless driving. The jury found true a special allegation that defendant was armed with a firearm when he committed the carjacking.
On appeal, defendant contends there was insufficient evidence to support his conviction for vehicle theft. Appellant alleges the trial court violated his right to due process when it admitted certain checks into evidence because they constituted evidence of uncharged prior offenses and argues the court should have excluded the checks under Evidence Code section 352 because they were more prejudicial than probative. Finally, defendant asserts that the court had the option of imposing a concurrent sentence on the evading count and that the court failed to exercise its discretion when it imposed a consecutive sentence on that count. Court found no error and affirmed the judgment.
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