P. v. Gulla CA4/2
Defendant and appellant Kerry Edward Gulla entered the Bank of America in Hemet with a forged check written in the amount of $3,000 and attempted to open a bank account in his name. Defendant was found guilty of one count of second degree burglary (Pen. Code, § 459). In a bifurcated proceeding, after he waived his right to a jury trial, the trial court found defendant had suffered one prior serious or violent felony conviction (§§ 667, subds. (e) & (c)(1), 1170.12, subd. (c)(1)) and served one prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to four years to be served in state prison.
Defendant claims on appeal that the trial court breached its sua sponte instructional duty and violated his federal Constitutional due process rights by failing to instruct the jury with a definition of “value” as it pertained to whether the check’s value exceeded $950.
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