P. v. Allen
Appellant was convicted of first degree burglary, vandalism and disturbing the peace. “Three Strike” priors were found to be true and appellant was sentenced to 35 years to life in prison. On appeal, Appellant contends (1) the trial court erred by failure to instruct the jury sua sponte with CALJIC No. 17.01 [the unanimity instruction]; (2) there was no substantial evidence that appellant intended to commit a felony when he entered the residence; (3) evidence of appellant’s other misconduct should not have been admitted; and (4) the trial court abused its discretion in failing to strike “priors.” Court affirms the judgment.
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