P. v. Saldivar
Defendant was driving a stolen vehicle when he was apprehended by police officers. Defendant was convicted of six different crimes arising out of the arrest, including violations for driving a vehicle without the owner's consent or stealing a vehicle (Veh. Code, S 10851, subd. (a)) and receiving stolen property (Pen. Code, S 496d, subd. (a)). Defendant received a third strike sentence, with gang and prior prison enhancements, of 100 years to life, plus 14 years.
Defendant argues that he cannot be convicted of both auto theft and receiving stolen property. Court agree the dual convictions cannot stand and will order the conviction for receiving stolen property reversed. However, because the sentence on the receiving stolen property count was stayed pursuant to section 654, Defendant's sentence not change.
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