Calistro
People v. Calistro
Opinion
Lead Opinion
Kane, J.
*389 Defendant David Martin Calistro raises four issues on appeal. He requests that we independently review the records reviewed by the *390 trial court on his Pitchess motion 1 and determine whether the trial court abused its discretion by not providing him access to more of those records. He also contends he was erroneously convicted under Penal Code section 666.5, subdivision (a) 2 (hereafter § 666.5(a) ) and was erroneously *767 convicted of both stealing a car and receiving the stolen property inside the car. Lastly, he contends the trial court should have stayed one of his terms pursuant to section 654. We vacate the sentence and remand for resentencing.
PROCEDURAL SUMMARY
On February 27, 2014, the Kern County District Attorney filed a complaint against defendant charging him with receiving a stolen vehicle (§ 496d, subd. (a) (hereafter § 496d(a)); count 1); unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a) (hereafter Veh. Code, § 10851(a) ); 3 count 2); receiving a stolen vehicle (§ 496d(a); count 3); possessing a burglary tool (§ 466; count 4, a misdemeanor); and driving with a suspended license (Veh. Code, § 14601.2, subd. (a) ; count 5, a…