California v. Chubbuck
Annotate this CaseDefendant-appellant Jhyy Demond Chubbuck, was convicted by a jury of one count of unlawful taking or driving a vehicle. In a bifurcated proceeding, the trial court found defendant had suffered a strike prior pursuant to Penal Code sections 667(b)-(i) and 1170.12(a)-(d), as well as a prison prior pursuant to Penal Code section 667.5(b). Defendant was sentenced to three years, doubled for the strike prior, and an additional one year for the prison prior, for a total of seven years in state prison. On appeal, defendant contended: (1) his conviction had to be overturned because the motorized equipment he allegedly drove or took did not qualify as a “vehicle” under Vehicle Code section 10851; (2) the jury’s verdict finding that he “took” or “drove” a vehicle in violation of Vehicle Code section 10851 was not supported by substantial evidence; and (3) the trial court’s finding that he suffered an offense qualifying as a strike under Penal Code sections 1170.12 and 667(b)-(i) was not supported by substantial evidence. Finding no reversible error, the Court of Appeal affirmed the judgment.
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