P. v. Goodlett CA4/1
A jury found Randall Goodlett guilty of one count of robbery. (Pen. Code, § 211; further undesignated statutory references are to this code.) In bifurcated proceedings, the court found true the following allegations: defendant committed the offense while out on bail (§ 12022.1, subd. (b)); and defendant had one prison prior (§ 677.5, subd. (a)), one serious felony prior (§ 667, subd. (a)(1)) and one strike prior (§§ 667, subds. (b)-(i), 1170.12).
After closing argument and while the jury was deliberating, defense counsel moved for a mistrial based on what she contended was improper rebuttal argument by the prosecutor. Incorrectly believing that defense counsel could not bring such a motion without the express agreement of defendant personally — which defendant did not provide — the trial court declined to rule on the motion.
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