People V. Green

Warren Lee Green, also known as Warren Lemar Green II, appeals from a judgment entered following a jury trial in which he was convicted of unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a), hereafter section 10851(a)) and a court trial in which it was found that he had suffered six prior felony convictions for which he served separate prison terms. He was found not guilty of receiving stolen property, the vehicle. He was sentenced to prison for a total term of nine years, comprised of the three-year upper term on his conviction, plus six consecutive one-year terms for his prior prison term enhancements. He was also ordered to pay a $200 restitution fine. We conclude that appellant's conviction for violation of section 10851(a) must be set aside and the matter remanded to the trial court for a new trial.