People v. Osunapetri CA2/8

INTRODUCTION

Appellant challenges his conviction of two counts of unlawfully taking or driving a motor vehicle in violation of Vehicle Code section 10851, subdivision (a). On appeal, he argues the evidence was insufficient to support a conviction for taking or to support more than one post-theft driving offense. He asks us to vacate the second count. We disagree with appellant and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In an Information filed June 25, 2019, appellant Jimmy Osunapetri was charged with two counts of fleeing a pursuing peace officer’s motor vehicle while driving recklessly—Counts 1 and 2—in violation of Vehicle Code1 section 2800.2, and two counts of unlawfully taking or driving a vehicle—Counts 3 and 4—in violation of section 10851, subdivision (a). The information further alleged appellant had served four prior prison terms (Pen. Code, § 667.5, subd. (b)) and had sustained a prior strike conviction that was also a serious and/or violent felony (Pen. Code, §§ 666.5, 667, subd. (d), 667.5, subd. (c), 1170, subd. (h), & 1170.12, subd. (b)). Count 3 was alleged as a felony pursuant to Penal Code section 667.5 based on appellant’s alleged prior…