(DOWNLOAD) "People V. Harris" by Second Appellate District, Division Seven Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Harris
- Author : Second Appellate District, Division Seven Court of Appeal of California
- Release Date : January 01, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Appellants were convicted of second degree robbery of a person attempting to use an automated teller machine. Appellant, Anthony C. Harris, appeals his conviction contending it was reversible error for the trial court to deny his motion for mistrial and to fail to instruct on the lesser offenses of theft and assault. He also contends it was error to use the fact of a single conviction to enhance his sentence under Penal Code section 667, subdivision (a) for a prior felony conviction as well as for service of a prior prison term on that conviction (Pen. Code, § 667.5, subd. (b).) We affirm the judgment of conviction but find appellant's latter contention has merit and modify the judgment to strike the one-year enhancement imposed under Penal Code section 667.5, subdivision (b) for service of a prior prison term.*fn1