P. v. Hall CA5
Anthony Joseph Hall was convicted of one count of first degree burglary of a residence in which a person other than an accomplice was present, and one count of receipt of stolen property. His sentence of 35 years to life included a third-strike enhancement. In this appeal, he contends: (1) the trial court erred when it denied his motion under Penal Code section 1118.1 to find unproven the allegation that a person other than an accomplice was present during the burglary; (2) because two break-in points were found, the court erred by not giving the jury an instruction to decide unanimously which of these formed the basis of its finding on that allegation; (3) the court failed to understand its discretion regarding his Romero motion to dismiss a prior strike or strikes, and would have granted the motion if it had understood; and (4) we should remand to allow the trial court to supply statutory citations in support of some of the fees imposed at sentencing.
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