Harris

People v. Harris

Good Law
10 Cal. App. 4th 672·12 Cal. Rptr. 2d 758·1992 Cal. App. LEXIS 1245·92 Daily Journal DAR 14407·92 Cal. Daily Op. Serv. 8712
Court of Appeal of CaliforniaOctober 21, 1992E009237California6,258 words

Opinion

Opinion

Timlin, J.

Defendant appeals from the judgment entered upon his conviction by jury of one count of first degree burglary (Pen. Code, §§ 459/460), two counts of unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)) and one count of receiving stolen property (Pen. Code, § 496).

On appeal, defendant has raised the following contentions: (1) The trial court committed “per se” reversible error by conducting a portion of the voir dire proceedings in its chambers and outside the presence of the public, thus violating defendant’s constitutional right to a public trial; (2) there was insufficient evidence to support his conviction for receiving stolen property; (3) there was insufficient evidence to support his conviction on one of the counts of unlawful taking of a vehicle; (4) the trial court committed reversible instructional error by giving the “flight” instruction; (5) the trial court violated section 654 in sentencing defendant; and (6) the trial court improperly relied on several sentencing factors in imposing consecutive sentences on defendant. We shall conclude that defendant’s first contention is meritorious and, consequently, that the judgment entered below must be…

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