Cratty

A jury convicted defendant, George Walter Cratty, of taking or driving a vehicle without consent in violation of Vehicle Code section 10851, subdivision (a) (hereafter, section 10851(a)) and of receiving stolen property in violation of Penal Code section 496, subdivision (a) (hereafter section 496(a)). On appeal, defendant contends that his convictions should be reversed because he was convicted of stealing and receiving the same property. We disagree and affirm, because it is indisputable that defendant was convicted of (nontheft) unlawful driving under section 10851(a). Accordingly, that conviction can stand with his receiving stolen property conviction.

The essential facts of this case are undisputed. On September 13, 1997, California Highway Patrol Officer William Inskip observed a Mazda car speeding on Eight Mile Road in San Joaquin County. Inskip stopped the car and identified the driver as defendant. Inskip asked defendant to produce his license and registration. Defendant replied that he did not have these items. He stated that he was working on the car for a friend named "Eric". Upon checking the vehicle identification number (VIN), Inskip discovered that the car had…