P. v. Williams
Appellant challenges his conviction of unlawfully driving or taking a vehicle and giving false information to a police officer on the grounds of instructional and sentencing error. Court conclude the trial court was not required to instruct upon a violation of Penal Code section 499b as a lesser included offense of Vehicle Code section 10851, as taking a motor vehicle is no longer within the scope of Penal Code section 499b. We must remand for resentencing because the trial court imposed an upper term based on facts not found by the jury. Appellants disproportionality claim is moot and was forfeited by his failure to raise it in the trial court.
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