Demara

Jose Louis Demara appeals a judgment convicting him of three counts of unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a)) and three counts of unlawfully receiving stolen property (Pen. Code, § 496, subd. (a)). On appeal, Demara contends the court erred by: (1) denying his request for new counsel without conducting a proper hearing; (2) permitting conviction of both taking and receiving the same stolen vehicle; (3) allowing prejudicial testimony regarding his lending of vehicles to friends for use in transporting illegal aliens; and (4) imposing a one-year sentence enhancement under section 667.5 for a prior prison term while also using his prior conviction under Vehicle Code section 10851 to impose a greater base sentence under section 666.5. For the reasons discussed below, we affirm the judgment except for reversal of Demara’s convictions on counts 4 and 6 for unlawfully receiving stolen property (§ 496, subd. (a)).

Factual and Procedural Background

City of San Diego Police Officer Fausto Gonzalez met Demara during January 1994 while Gonzalez was working undercover for the San Diego County Regional Auto Theft Task Force. Gonzalez told Demara he was…