P. v. Mosqueda CA2/6
David Osuna Mosqueda appeals his conviction by jury of unlawful driving or taking a vehicle (count 1; Veh. Code,
§ 10851, subd. (a)), possession of a controlled substance (count 2; Health & Saf. Code, § 11350, subd. (a)), evading a police officer (count 3; Veh. Code, § 2800.1, subd. (a)), and driving while under the influence of a drug (count 4; Veh. Code, § 23152, subd. (e)). In a bifurcated proceeding, appellant admitted a prior strike conviction (Pen. Code, §§ 667, subds. (c)(1) & (e)(1); 1170.12, subds. (a)(1) & (c)(1)) and six prior prison term enhancements
(§ 667.5, subd. (b)). The trial court sentenced appellant to three years on count 1 for unlawful driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), doubled the sentence based on the prior strike, and imposed a one-year prior prison term enhancement for an aggregate sentence of seven years state prison. On counts 2 through 4, the court imposed one-year concurrent terms.
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