Vallejo
People v. Vallejo
Opinion
Opinion
Ashby, J.
By jury trial appellant George Vallejo was convicted of one count of grand theft auto and one count of hit-and-run driving. (Pen. Code, former § 487, subd. 3; Veh. Code, § 20002, subd. (a).) By nonjury trial he was found to have served three prior prison terms. (Pen. Code, § 667.5, subd. (b).) He was sentenced to state prison for an upper term of three years for grand theft auto and a concurrent term of one hundred eighty days for hit-and-run driving, plus three years for the prior prison terms, for a total of six years.
He appeals, contending (1) the trial court improperly denied him an evidentiary hearing on his motion to strike the prior convictions on constitutional grounds; and (2) the concurrent sentence for hit-and-run driving violates Penal Code section 654. Finding no merit to these contentions we affirm. When appellant failed to produce transcripts of the prior plea proceedings, the court was not required to consider appellant’s offer of testimony as a substitute for transcripts. (Pts. I and III, certified for publication.) Appellant’s leaving the scene of an accident involved an independent criminal objective. (Pt. II, not for publication.)