People v. Najera

Opinion

BAXTER, J.

Defendant was spotted driving a stolen car less than a day after the owner had reported it missing. Defendant was using a shaved key—a key whose teeth have been shaved down to bypass the pins in the ignition cylinder—and the ignition system was, in the words of the arresting officer, “very loose.” Personal property belonging to the car’s owner was found in possession of the passenger, defendant’s sister. Defendant was convicted of the unlawful taking of a vehicle and possession of burglary tools. On appeal, he asserted that the trial court had erred in failing to instruct the…