P. v. Hale
A jury convicted Defendant of unlawfully taking/driving a vehicle (Veh. Code, 10851, subd. (a)). In bifurcated proceedings, the jury found that Hale had a prior conviction for which he had served a prison term (Pen. Code, 667.5, subd. (b)) and two strike priors. (Pen. Code, 667, subds. (c) & (e)(2)(A).) He was sentenced to prison for 25 years to life and appeals, claiming the trial court erroneously denied his motion for a mistrial or to strike the victims testimony, misinstructed the jury and failed to poll it. He also contends that the evidence was insufficient to support the verdict and the true finding as to one of his strike priors and the prosecutor committed misconduct. Court reject all his contentions, save the one concerning the insufficiency of the evidence of the strike prior. Court agree with this latter contention, and, therefore, reverse the true finding and defendants sentence, remand the matter for retrial of the strike allegation, and otherwise affirm.
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