Green

Warren Lemar Green II, also known as Warren Lee Green, appeals from a judgment entered following a jury trial in which he was convicted of unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a), hereafter section 10851(a)) and a court trial in which it was found that he had suffered six prior felony convictions for which he served separate prison terms. He was found not guilty of receiving stolen property, the vehicle. He was sentenced to prison for a total term of nine years, comprised of the three-year upper term on his conviction, plus six consecutive one-year terms for his prior prison term enhancements. He was also ordered to pay a $200 restitution fine. We conclude that appellant’s conviction for violation of section 10851(a) must be set aside and the matter remanded to the trial court for a new trial.

Issues Presented

This case presents us with a renewed opportunity to address the confusion that exists in distinguishing the crimes of unlawful driving of a vehicle (section 10851(a)) and joyriding (Pen. Code, § 499b, hereafter section 499b). The potential for confusion was noted in People v. Barrick (1982) 33 Cal.3d 115, 134 [ 187 Cal.Rptr. 716 , 654 P.2d…