Martinez

After jury trial, defendant was convicted of violating Vehicle Code section 10851, unlawfully driving a vehicle (count I), violating Penal Code section 496, receiving the same vehicle as stolen property (count II), violating Vehicle Code section 4463, possession of a forged or false ownership certificate (count III), and violating Vehicle Code section 14601.2, subdivision (a), driving a vehicle with a suspended license when the license was suspended for driving under the influence of alcohol or drugs (count IV).

On appeal, defendant contends: (1) the trial court erred in denying his Wheeler motion; (2) the trial court erred in allowing expert testimony regarding auto theft rings; (3) the trial court erred in directing a verdict against defendant on count IV; and (4) the trial court erred in denying his motion for new trial based on juror misconduct. The People correctly concede the trial court erred in directing a verdict against defendant on count IV and we therefore reverse the judgment on that count. Further we reverse the judgment on the remaining counts because the trial court erred in admitting police officer testimony regarding other auto thefts.

Facts

On the…