People v. Osunapetri CA2/8

Filed 9/3/21 P. v. Osunapetri CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B306083

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA121155) v.

JIMMY OSUNAPETRI

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Steven D. Blades, Judge. Affirmed.

Carolyn D. Phillips, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Appellant challenges his conviction of two counts of unlawfully taking or driving a motor vehicle in violation of Vehicle Code section 10851, subdivision (a). On appeal, he argues the evidence was insufficient to support a conviction for taking or to support more than one post-theft driving offense. He asks us to vacate the second count. We disagree with appellant and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In an Information filed June 25, 2019, appellant Jimmy Osunapetri was charged with two counts of fleeing a pursuing peace officer’s motor vehicle while driving recklessly—Counts 1 and 2—in violation of Vehicle Code1 section 2800.2, and two counts of unlawfully taking or driving a vehicle—Counts 3 and 4—in violation of section 10851, subdivision (a). The information further alleged appellant had served four prior prison terms (Pen. Code, § 667.5, subd. (b)) and had sustained a prior strike conviction that was also a serious and/or violent felony (Pen. Code, §§ 666.5, 667, subd. (d), 667.5, subd. (c), 1170, subd. (h), & 1170.12, subd. (b)). Count 3 was alleged as a felony pursuant to Penal Code section 667.5 based on appellant’s alleged prior conviction for violating section 10851. Appellant entered pleas of not guilty to all four counts. He admitted the prior conviction and four prior prison term allegations. On August 26, 2019, trial by jury commenced.