People v. Ramos CA4/1

California Court of Appeal Jul 25, 2014 No. D064383Unpublished

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Holding. The court held that a defendant cannot be convicted of both grand theft of an automobile and unlawful driving or taking of a vehicle when both offenses are based on the same act. Consequently, the conviction for the lesser included offense must be stricken.

Issues

Whether a conviction for unlawfully driving or taking a vehicle must be reversed as a lesser included offense of grand theft of an automobile when both are based on the same act.

Disposition. Affirmed as modified

Quotations verified verbatim against the opinion

“A defendant cannot be convicted of grand theft of an automobile and unlawful driving or taking of a vehicle where, as here, both offenses are based on the same act.”

“The judgment is modified by striking the conviction for unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 2).”

Filed 7/25/14 P. v. Ramos CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064383

Plaintiff and Respondent,

v. (Super. Ct. No. SCN317271)

ADOLFO RAMOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Timothy

M. Casserly, Judge. Affirmed as modified, with directions.

E. Elliot Adler, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy

Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

On March 27, 2013, the victim left her parked car unlocked and with the engine

running while she went inside an adjacent building. When she came back outside, she

saw Adolfo Ramos in the driver's seat of her car, backing out of the parking spot. A short

time later, the police found Ramos driving the victim's car.

Ramos waived his right to a jury trial. The court found Ramos guilty of both

People v. Ramos CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064383

ADOLFO RAMOS,

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DISPOSITION

AARON, J.

NARES, J.

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