Clifton

Defendants Kenneth Ray Clifton and Lois Ann Baker were each charged with unlawfully driving and taking a motor vehicle (Veh. Code, § 10851) and an alternative count of receiving stolen property (Pen. Code, § 496). Baker was further charged with possession of controlled substance paraphernalia (Health & Saf. Code, § 11364), a misdemeanor. The information was later amended to allege two prior felony convictions against Clifton (§ 667.5, subd. (b)).

After jury trial, Clifton was found guilty of the auto theft charge and not guilty of receiving stolen property. He later admitted one prior conviction and the trial court found the other prior conviction to be true. Clifton was sentenced to state prison for a total term of five years. Baker was found guilty of receiving stolen property and of possession of controlled substance paraphernalia. The court found Baker to be a narcotics addict or in imminent danger of becoming one, suspended a two-year sentence to state prison and committed her to the California Rehabilitation Center for a period not to exceed two years less credits earned.

Both defendants filed timely notices of appeal.

Statement of Facts

On December 13, 1983,…