Donnell

Defendant appeals from judgment, after jury verdict, of conviction by the Santa Clara County Superior Court of certain crimes.

Questions Presented

1) Defendant may not be convicted of both taking and receiving the two Fords.

2) Admission of the fruits of the search of Aqua Fresca’s trailer.

3) Evidence of the Beaverton similar admissible.

4) Defendant used a deadly weapon.

5) Section 3024, subdivision (b), of the Penal Code was improperly invoked.

Record

Defendant was charged by information of violation of Penal Code section 211 (robbery), being armed with and using a shotgun in the course of the robbery (Pen. Code, § 12022.5), two counts of violation of Penal Code section 484 (grand theft), two counts of violation of Vehicle Code section 10851 (unlawful driving or taking of a vehicle) and with two counts of violation of Penal Code section 496 (receiving stolen property). He was also charged with a prior conviction of violation of Vehicle Code section 23110, subdivision (b), (discharging a firearm at a vehicle).

The jury convicted defendant of all counts except the two charging grand theft and found that defendant was armed and used a shotgun in the course of the…