P. v. Duke CA1/2
Defendant Jeremy Duke was arrested after he stole a car and led the police on a high-speed chase during which he sped through a neighborhood at 90 miles an hour and on a freeway going opposite the direction of traffic. He was found guilty of six offenses, including felony fleeing a peace officer and driving against traffic (count 1) and felony auto theft (count 2). He asserts the following four errors: (1) the trial court abused its discretion when it denied his motion to dismiss Juror No. 12 after a witness in the case made comments to the juror during a break; (2) count 2 must be reduced to a misdemeanor because there was no evidence the value of the car exceeded $950; (3) the felony conviction on count 2 must be reversed because the trial court failed to instruct the jury that it must find that the value of the car exceeded $950; and (4) the trial court abused its discretion in imposing the upper term of three years in state prison on count 1.
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