Russell

Defendant Philip Russell was convicted by jury of one count of receiving a stolen motor vehicle (Pen. Code, § 496d), a felony. The jury also acquitted defendant of one count of possessing drug paraphernalia (Health & Saf. Code, § 11364), a misdemeanor. In a bifurcated proceeding before the court, defendant admitted allegations that he had one prior felony conviction that qualified as a strike under the three strikes law (§§ 667, subds. (b)-(i), 1170.12).

The court denied defendant’s motion for new trial and his request to reduce the receiving stolen property count to a misdemeanor. At sentencing, the court granted defendant’s Romero motion and struck the strike prior. The court suspended imposition of sentence and placed defendant on formal probation for four years on the condition that he serve one year in jail. The court imposed other probation conditions and fines. Since defendant had accumulated 403 days of custody credits, the court concluded that his jail commitment had been satisfied and released defendant from custody.

On appeal, defendant contends there was insufficient evidence to support his conviction for receiving a stolen vehicle because his honest, even…