P.

FACTS AND PROCEDURAL HISTORY

On January 25, 2011, Vasquez approached his former girlfriend, Brianna Hernandez, in the parking lot outside the Vons market where she worked. Vasquez grabbed for her car keys. They struggled over them, back and forth, for more than 30 seconds before Vasquez wrested them from her. After Hernandez fled into the Vons, Vasquez drove off in her car without her permission. Vasquez returned the car several minutes later, but he had damaged the car and taken some of Hernandez's personal property. Among other things, Vasquez was charged with felony unlawful taking of a vehicle (Veh. Code, § 10851); felony vandalism (Pen. Code, § 594); 1 and misdemeanor battery (§ 243, subd. (e)(1)). The jury convicted Vasquez of all three crimes.2 Vasquez was sentenced on October 6, 2011. The trial court imposed the upper term sentence of three years on the unlawful taking count, followed by a consecutive eight months term (one-third the two-year midterm) on the vandalism count. Citing section 654, the court stayed the concurrent, 180-day sentence it imposed on the misdemeanor. The court ordered Vasquez to serve his time in the county jail rather than state prison. (§…