People v. Pulou CA1/5

Filed 5/6/21 P. v. Pulou CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A158856 Plaintiff and Respondent, (San Francisco City and County v. Super. Ct. Nos. 19009444 / PULOU JUNIOR PULOU, 231511) Defendant and Appellant.

Pulou Junior Pulou appeals from his felony conviction for unlawful driving or taking of a vehicle under Vehicle Code section 10851, subdivision (a), asserting there was insufficient evidence that the vehicle was worth more than $950. He also contends that a one-year enhancement to his sentence based on a prior prison term must be stricken because it is no longer authorized after a subsequent amendment to Penal Code section 667.5, subdivision (b); the People concede the issue. Although we conclude the evidence was sufficient to support his conviction, we reverse the one-year enhancement and remand for resentencing. BACKGROUND A jury found Pulou guilty of violating Vehicle Code section 10851, subdivision (a), based on evidence that he got into a 1999 Nissan Altima and drove the car away after the victim, Alberto, left it double-parked with the

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engine running. The jury found the value of the vehicle exceeded $950. Further, the jury found Pulou guilty of misdemeanor receiving stolen property (Pen. Code, § 496, subd. (a)), a cell phone. The trial court found true allegations that Pulou had a prior strike and had served prior prison terms for unlawful driving or taking of a vehicle and two other offenses. The trial court sentenced Pulou in October 2019. For the violation of Vehicle Code section 10851, the court sentenced him to the mid-term of three years, doubled to six years due to the prior strike. The court also imposed a one-year enhancement pursuant to Penal Code section 667.5, subdivision (b), based on Pulou’s prior prison term for unlawful driving or taking of a vehicle (Veh. Code, § 10851), for a total sentence of seven years. For the Penal Code section 496, subdivision (a) violation, the court sentenced Pulou to one year in county jail but stayed the sentence pursuant to Penal Code section 654. DISCUSSION A. Pulou contends that his felony conviction for unlawful taking or driving of a vehicle under Vehicle Code section 10851 must be reduced to a misdemeanor because there was insufficient evidence that the value of the car exceeded $950, as is required for a felony theft conviction. (See People v. Gutierrez (2018) 20 Cal.App.5th 847, 855.) We disagree. In considering a challenge to the sufficiency of the evidence, we review the record for substantial evidence from which a reasonable trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Morales (2020) 10 Cal.5th 76, 88.) We “ ‘review the evidence in the light most favorable to the prosecution and presume in support of the judgment the existence of every fact the [trier of fact] could reasonably have deduced from the evidence.’ ” (People v. Lee (2017) 11 Cal.App.5th 344, 353.)