People v. McGee CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 16, 2021E073755California5,125 words

Opinion

Opinion

I. INTRODUCTION

Defendant and appellant Christopher McGee was convicted by a jury of residential

burglary (Pen. Code, § 459)1 and, in a bifurcated proceeding, the same jury found true a

special allegation that defendant also suffered a prior strike conviction (§§ 1170.12,

subd. (a), 667, subds. (b)-(i)). Defendant was sentenced to 12 years in state prison,

representing the upper term of six years for the violation of section 459, doubled as a

result of the true finding that he suffered a prior strike.

On appeal, defendant argues: (1) the trial court abused its discretion in admitting

surveillance video evidence without a proper foundation, and (2) the trial court erred in

denying his request to instruct the jury that it could not consider evidence from the trial of

his current offense when determining whether he suffered a prior strike conviction. We

find no abuse of discretion with respect to the trial court’s evidentiary rulings and no

instructional error. Further, even assuming error, we conclude defendant has not shown

prejudice warranting reversal.

II. FACTS AND PROCDURAL HISTORY

A. Facts and Charges

On April 29, 2019, M.U. returned home in the evening,…

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