Sanchez

In a bifurcated trial, a jury found defendant guilty of operating a chop shop (Veh. Code, § 10801) and receiving stolen motor vehicle parts (Pen. Code, § 496, subd. (a)), and not guilty of vehicle theft (§ 10851, subd. (a)). The trial court thereafter found true that defendant had served a prior prison term (Pen. Code, § 667.5, subd. (b)) and that defendant had suffered a prior serious or violent felony strike conviction (Pen. Code, §§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)). As a result, defendant was sentenced to a total term of nine years in state prison.

On appeal, defendant contends (1) the evidence was insufficient to sustain his conviction for operating a chop shop within the meaning of sections 10801 and 250, and (2) his conviction for receiving stolen property must be set aside because that conviction is a necessarily lesser included offense of operating a chop shop.

I

FACTUAL BACKGROUND

On December 18, 2000, Rakeeb Ali took his 1992 green Honda Accord to the San Bernardino MAACO Paint and Body Shop (MAACO) to have the vehicle repainted. On or about December 26, 2000, Ali received a telephone call, advising him that his car had been stolen from the…