P. v. Kelleher CA1/3
After a jury trial, defendant Edward John Kelleher was convicted of the felony offense of criminal threats (Pen. Code, § 422, subd. (a) ). At a bifurcated proceeding, the jury also found true that defendant had suffered a prior serious and strike conviction (§§ 667, subd. (a)(1);1170.12, subd. (c)(1)). At sentencing, the court imposed an aggregate term of seven years and eight months in state prison, consisting of two years and eight months (the lower term doubled for the prior conviction) on the substantive crime, plus a consecutive term of five years for the prior conviction enhancement.
On appeal, defendant’s sole argument is that the procedure by which he was found to have suffered a prior conviction contained a structural defect, requiring automatic reversal and a remand for a new hearing. We see no merit to defendant’s argument of a structural defect, and further conclude that any purported error in procedure was harmless beyond a reasonable doubt. Accordingly, we
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