People v. Frye

Opinion

DOSSEE, J.

Defendant was convicted in a jury trial of driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), and was placed on probation for three years. On appeal he challenges the instructions given to the jury differentiating the charged offense from the lesser included offense of joyriding (Pen. Code, § 499b). We find the instructions defective, and we reverse the conviction.

Facts

Dr. Manas Ray parked and locked his employer’s company-owned car in the parking lot at the Watergate Apartment complex in Emeryville about 4:30 p.m. on February 11, 1993. He last saw the car about 6…