Morris

Defendant was convicted by jury trial of grand theft (Pen. Code, § 487, subd. (a)) and receiving stolen property (§ 496, subd. (a)); two prison prior allegations (§ 667.5, subd. (b)) were found true by the court. Defendant was sentenced to four years in state prison. On appeal defendant contends that the trial court erred in denying his motion for acquittal of grand theft (arguing that insufficient evidence was presented as to the fair market value of the stolen property) and in failing to instruct on the definition of fair market value; that he was improperly convicted of both stealing and possession of the same property; and that the admission of a rap sheet to prove his prior convictions violated his right to confrontation under the Sixth Amendment of the United States Constitution. We reverse defendant’s conviction of receiving stolen property and otherwise affirm the judgment.

FACTUAL BACKGROUND

Defendant was stopped by the Vallejo Police Department for a traffic infraction. He was unable to produce his driver’s license or any other form of identification (he claimed his wallet had been stolen). Defendant indicated that he was going to the store to purchase food,…