Can a jury find that a defendant took but not drove a stolen pickup truck?

California, United States of America

The following excerpt is from People v. Gonzalez, E044170 (Cal. App. 12/15/2008), E044170 (Cal. App. 2008):

Here, the evidence was overwhelming, including defendant's direct admission that he was the driver of the stolen pickup. Thus, "the jury must have at least found that [the] defendant violated the . . . `driving' provision of section 10851(a)." (People v. Cratty (1999) 77 Cal.App.4th 98, 101.) "[N]o reasonable juror could have found that defendant took but did not drive the vehicle." (Ibid.) Defendant properly stood convicted of both the Vehicle Code section 10851 offense and the Penal Code section 496d offense.

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Can a jury find that a defendant took but not drove a stolen pickup truck?

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