Howard

Elfronte Howard appeals his conviction for unlawfully driving or taking a vehicle, a violation of Vehicle Code section 10851. He claims the court erred in instructing the jury that the lesser offense of joyriding was a specific intent crime. He also claims his sentence of 25 years to life constitutes cruel and unusual punishment. We find no error or abuse of discretion, and affirm the judgment.

Factual and Procedural Summary

On January 30, 1995, Paul Wright parked his El Camino truck on Santa Barbara Street in Pasadena, and went inside his cousin’s apartment on that street. When he returned to his truck sometime later, he saw appellant sitting in the open bed of the truck, with his back against the tailgate, drinking from a liquor bottle. The truck was locked and the windows were closed.

Mr. Wright walked to the driver’s door and asked appellant to get out of the truck. Appellant said he was not going to get out, that he was going wherever Mr. Wright was going. Mr. Wright got into his car, started it, and made a U-turn. He drove down Santa Barbara Street, zig-zagging in an attempt to throw appellant out of the truck bed. Appellant shouted at Mr. Wright that he was…