People v. Nguyen CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background On December 13, 2018, the Santa Clara County District Attorney filed an information charging Nguyen with the taking or unauthorized use of a vehicle, a 2005 Lexus, with the intent to temporarily deprive the owner of its possession (Veh. Code, § 10851, subd. (a)1; count 1) and buying or receiving a stolen vehicle (Pen. Code, § 496d, subd. (a); count 2). As to both charges, the information alleged Nguyen had a prior felony conviction (Pen. Code, § 666.5). On February 11, 2019, the jury found Nguyen guilty on count 1. At a court trial the same day, the court found true the prior felony conviction allegation attached to count 1. As count 2 was charged in the alternative, the jury did not render a verdict on it, and the trial court dismissed it. On May 24, 2019, the trial court sentenced Nguyen to three years in prison. Nguyen timely appealed. B. Evidence Presented at Trial On July 23, 2018, around 4:00 p.m., the victim parked her car, which she described as a “2005 Lexus GX 300,”2 in front of a liquor store. She left her keys in the ignition and went into the store. When she returned, she saw her car being driven away (but…