P. v. Boxie
Jarrod Anthony Boxie was convicted by a jury of attempted first degree residential burglary. (Pen. Code, 459, 664.) The jury, however, found not true the allegation that the attempted burglary was committed for the benefit of a criminal street gang. After the trial court found that Boxie had suffered prior convictions (667.5, subd. (b)), he was sentenced to three years in state prison. He appeals on the sole issue of whether the trial court erred when it denied his motion to bifurcate the trial of the gang allegation from the trial of his charged offense. Court affirm.
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