P. v. Rodriguez CA1/1
Defendant Marcos Rodriguez was convicted of attempted unlawful taking of a motorcycle, possession of methamphetamine and possession of burglar tools. He claims the court erred by (a) admitting evidence of a prior unlawful taking of a motorcycle and reopening the case to allow evidence of his guilty plea to that offense, (b) instructing the jury on flight as evidence of guilt, and (c) allowing the parties to stipulate that the reading of the jury instructions need not be reported and thus denying him due process. Defendant also maintains, and the Attorney General concedes, that the trial court erred in imposing a Penal Code section 666.5 enhancement and a concurrent term on the possession of burglar tools. We remand the case for resentencing, with directions to strike the enhancement and stay the sentence on the possession of burglar tools. In all other respects, we affirm.
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