A violation of Vehicle Code section 10750, subdivision (a), misdemeanor tampering with a vehicle identification number (VIN), is not a lesser-included offense of section 10802, tampering with a VIN with the intent to misrepresent the identity of the vehicle for the purpose of sale. A violation of section 10802 may occur when the act committed is the falsification of DMV documents or records with the requisite intent, so it is possible to commit a violation of section 10802 without also violating section 10750, subdivision (a). Accordingly, the trial court did not err when it failed to give a lesser-included instruction, sua sponte.
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