P. v. Harris
In April 2005, the People charged Don R. Harris with caretaker theft from an elder (Pen. Code, 368, subd. (e))[1] (count 1), theft from an elder ( 368, subd. (d)) (count 2), grand theft ( 487, subd. (a)) (count 3), perjury by declaration ( 118, subd. (a)) (count 4), and attempted child abduction ( 278.5, subd. (a)) (count 5). The People also alleged that Harris had previously suffered a prior strike conviction ( 667, subds (b)-(i), 668, 1170.12). A jury found Harris guilty of counts 1 and 4, and not guilty of counts 2, 3, and 5. After the jury returned its verdicts, Harris admitted the prior strike allegation. In the present appeal, Harris contends that the trial court abused its discretion in refusing to strike the prior strike conviction. Court affirm the judgment.
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