Dell
People v. O'Dell
Opinion
Opinion
Boren, J.
INTRODUCTION
Appellant Ronnie Lee O’Dell was apprehended after he was observed driving a recently stolen pickup truck. A search of his person revealed methamphetamine. He was convicted by jury of the unlawful driving or taking of a vehicle without the owner’s consent (Veh. Code, § 10851, subd. (a)) and of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). He admitted a prior conviction of Vehicle Code section 10851, subdivision (a), for which he served a prison term, within the meaning of Penal Code sections 666.5 and 667.5, subdivision (b), and was sentenced to four years in prison. He appeals from the judgment.
Appellant contends that the trial court erred in instructing the jury in accordance with Judicial Council of California Criminal Jury Instructions (2006) CALCRIM No. 376 on possession of recently stolen property as evidence of a crime, and that the evidence fails to support his conviction of violating Vehicle Code section 10851, subdivision (a). These contentions lack merit, and we affirm.
FACTS
At approximately 5:00 a.m. on February 1, 2006, Rodger Mullinix started his 2005 Toyota Tacoma pickup truck, left it running in the…