P. v. Lynch
A jury convicted defendant of one count of selling or furnishing cocaine base but acquitted him of another count of selling or furnishing cocaine base, and conspiracy to sell or furnish cocaine base. In a bifurcated proceeding, the jury found Lynch had one prior prison term and two strike priors. The court struck one strike prior and sentenced defendant to prison for nine years: a middle term of four years, doubled for the strike prior, and a consecutive one-year term for the prison prior.
Defendant appeals, contending the court erroneously failed to sua sponte instruct in the language of CALJIC No. 17.01, the unanimity instruction. Court affirmed the judgment.
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