Harris

People v. Harris

Caution
1994 Cal. App. LEXIS 179·22 Cal. App. 4th 1575·28 Cal. Rptr. 2d 317·94 Daily Journal DAR 2693·94 Cal. Daily Op. Serv. 1590
Court of Appeal of CaliforniaMarch 1, 1994B073263California3,389 words

Opinion

Opinion

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.

Appellant, Robbie Hanzy, filed an opening brief and requested this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 [ 158 Cal.Rptr. 839 , 600 P.2d 1071 ]. Our independent examination of the record reveals no arguably meritorious issues affecting his case. Accordingly, we affirm appellant Hanzy’s judgment of conviction in its entirety.

Facts and Proceedings Below

On April 18,…

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