Doane

People v. Doane

Bad Law
1988 Cal. App. LEXIS 382·200 Cal. App. 3d 852·246 Cal. Rptr. 366
Court of Appeal of CaliforniaApril 26, 1988D005351California5,563 words

Opinion

Opinion

Kremer, J.

Earl Doane was convicted in three separate jury trials of possession of amphetamines (Health & Saf. Code, § 11377, subd. (a), Super. Ct. case No. CR75182), vehicle theft (Veh. Code, § 10851, subd. (a), Super Ct. case No. CR 76710) and attempted burglary (Pen. Code, §§ 459, 664, Super. Ct. case No. CR 77412). He also admitted he had suffered a prior prison felony conviction for forgery (Pen. Code, § 667.5, subd. (b)). These cases were consolidated for appeal.

On appeal, Doane contends his convictions for possession of amphetamines and attempted burglary where he represented himself must be reversed because his advisory counsel provided ineffective assistance and the court failed to remind him of his Fifth Amendment right not to incriminate himself before he took the stand in his own defense. Doane also contends imposition of the one-year enhancement of Penal Code section 667.5, subdivision (b), violated the double-the-base-term limitation of Penal Code section 1170.1, subdivision (g). We find no merit to these contentions and affirm.

Facts

Because Doane makes no contentions of error on appeal as to his trial for vehicle theft we state only the facts of his attempted…

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