People v. Montes
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Defendant was convicted of thirteen crimes in connection to his driving a stolen semitruck and trailer to a wholesale tire business, breaking into the fence yard, stealing tires, leading police officers on a high-speed chase, and then fleeing on foot after crashing the semi into a wall.
The Court of Appeal concluded that while the trial court erred when it instructed the jury on Vehicle Code section 10851, subdivision (a), and section 496d, subdivision (a), the error was harmless because defendant's conviction on count 12 may be construed as based on post-theft driving. The court rejected defendant's challenge to the sentence on count 10 for vandalism under section 654. However, with respect to defendant's Dueñas claim, the court concluded that defendant did not forfeit review of his claim and on this undeveloped record, it is appropriate to remand the matter for the limited purpose of allowing the parties to address the issues and make a record. Finally, in the event that there is no change to the judgment following proceedings on defendant's ability-to-pay claim, the court ordered the trial court, on its own motion, to correct the abstract of judgment to reflect imposition of a total court operations assessment of $520 under section 1465.8 and a total court facilities assessment of $390 under Government Code section 70373. (The opinion is certified for publication with the exception of parts I. and II. of the Discussion.)
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