P.

STATEMENT OF THE CASE

Appellant was charged by an amended information filed on January 23, 2012, with one count of unlawful driving or taking of a vehicle (Pen. Code, § 10851, subd. (a)) and one count of receiving stolen property (Pen. Code, § 496, subd. (a)). After a jury trial, he was convicted of vehicle theft. On March 9, he was sentenced to a 16-month jail term. He filed a timely notice of appeal on May 4, 2012.

STATEMENT OF FACTS

On November 18, 2011, Agustin Velazquez drove his 1995 Acura Legend, license plate No. 5XZX823, to the Solano Mall in Fairfield, where he worked at the food court from 9:00 a.m. to 9:30 p.m. He parked in the first row of the parking lot in front of the sign for the food court, as he regularly did.

1 Around midday, Velazquez loaned his car to his friend Jessica Menjivar, who had borrowed it on several previous occasions. He remembered her saying she went to the doctor or to take her friend to the doctor. Velazquez did not give anyone else permission to drive his car. He gave Menjivar his only key to the car on a key ring; he did not have any spare keys. She returned the car key at about 4:30 or 5:00 p.m. and told Velazquez the car was parked in…