Is a defendant barred from driving the same vehicle after receiving and taking a vehicle?
California, United States of America
The following excerpt is from People v. Lara, 245 Cal.Rptr.3d 426, 438 P.3d 251, 6 Cal.5th 1128 (Cal. 2019):
1 Defendant may have benefited from an incorrect instruction in this respect. Under People v. Garza (2005) 35 Cal.4th 866, 881, 28 Cal.Rptr.3d 335, 111 P.3d 310, dual convictions for receiving and taking or driving the same vehicle are not barred when the Vehicle Code section 10851 conviction is based solely on driving the vehicle after the theft was complete.
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