Guertin

Stephen Duncan Guertin appeals from the judgment entered following a jury trial that resulted in his conviction of unlawful driving or taking a motor vehicle (Veh. Code, § 10851, subd. (a)), possession of a controlled substance for sale (Health & Saf. Code, § 11378), being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), and the admission of a prior serious or violent felony conviction (Pen. Code, § 667, subds. (d) and (e)). He was sentenced to state prison and erroneously contends: “The trial court erred in not instructing the jury sua sponte on the lesser included offense of ‘joyriding’ in addition to the instructions given on the Vehicle Code section 10851 charge[.]”

On March 18, 1994, appellant rented a Mazda Protege from the Bakersfield office of Standard Rent-A-Car. Four days later, appellant returned the Mazda and rented a Pontiac Sunbird. On March 24, 1994, he returned the Pontiac and rented a blue Toyota Corolla. The next day, he returned the Toyota and terminated the rental contract. He was not authorized to take or drive Standard’s vehicles after that date.

On March 28, 1994, Standard discovered that a new beige Toyota…