People v. Anderson

Opinion

RICHARDSON, J.

Defendant appeals from a conviction of tampering with a vehicle (Veh. Code, § 10852) after a jury verdict of grand theft-auto (Pen. Code, § 487, subd. 3) was modified by the trial court and judgment was entered for the lesser offense. Defendant contends that this modification was improper because the offense of tampering with an auto is not a necessarily included offense of grand theft-auto. Defendant further argues that, in the event judgment is reversed, a retrial on the grand theft-auto charge of which he was “impliedly acquitted” is barred on double jeopardy and due…