P. v. Harvey CA2/8
Defendant Janice Harvey appeals her conviction for assault with a deadly weapon. Defendant contends that (1) her fair trial rights were violated when the court inadvertently provided and then quickly retrieved two instructions and a verdict form on the bifurcated prior convictions proceeding, (2) her due process rights were violated when the court instructed the jury on flight, (3) insufficient evidence supported the section 667, subdivision (a) enhancements for prior convictions, (4) her right to trial by jury for the enhancements was violated, and (5) she lacked sufficient notice of the enhancement allegations. We reverse two of the enhancements, remanding only one for retrial. We affirm on all other grounds.
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