P. v. McDonald
Defendant was convicted by a jury of three counts of first degree burglary (Pen. Code, SS 459, 460); attempted first degree burglary (SS 459, 460, 664), petty theft with a prior (SS 484, 666), possession of stolen property (S 496, subd. (a)), and possession of a firearm by a felon (S 12021, subd. (a)(1)). True findings were also made that Defendant had served a separate prison term (S 667.5, subds. (a), (b)) and had been convicted of serious/violent felonies within the meaning of the three strikes law (SS 667, subds (b) - (i), 1170.12, 668). He was sentenced to a total term of 22 years and 4 months.
On appeal, Defendant contends reversal is required because a photographic line up was impermissibly suggestive; the court erred in admitting impeachment evidence or his counsel was ineffective in failing to object to the evidence; an enhancement should have been stricken rather than stayed; and the abstract of judgment needs to be corrected. Court find merit to the last two contentions and therefore order the judgment modified. Otherwise, court affirm the judgment.
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