P. v. Cervantez
A jury convicted defendant and appellant Ruben Tony Cervantez of: (1) count 1 unlawful taking or driving of a vehicle under Vehicle Code section 10851, subdivision (a); (2) count 2 receiving stolen property under Penal Code section 496d, subdivision (a); and (3) count 3 evading a police officer with willful disregard under Vehicle Code section 2800.2, subdivision (a). On appeal, defendant contends, and we agree, that the trial court erred in failing to instruct the jury that defendant could not be convicted of both taking and receiving the same vehicle. However, for the reasons set forth below, Court find that the error was harmless.
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