P. v. Jackson CA1/1
Defendant James Victor Jackson, III, was charged by information and convicted on two counts: (1) grand theft auto, identified erroneously in both the information and verdict form as a violation of Penal Code section 666.5; and (2) receipt of a stolen vehicle. On appeal, defendant contends he was deprived of due process when the trial court instructed the jury on grand theft auto with the elements for unlawful taking or driving of a vehicle. (Veh. Code, § 18051, subd. (a).) He also asserts several purported instructional errors and prosecutorial misconduct. We conclude the unique series of errors resulting in his conviction for grand theft auto deprived defendant of due process, and reverse as to that count. However, we affirm defendant’s conviction for receiving a stolen vehicle.
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