PEOPLE v. BURCH
Bifurcation of prior conviction allegations was not required once evidence of the convictions was introduced to impeach defendant's testimony. In prosecution for possession of fictitious bills, where prosecution presented direct evidence that defendant possessed bills and that they were counterfeit, but used circumstantial evidence to prove defendant's specific intent that the bills be accepted as genuine, trial court erred in giving CALJIC No. 2.01, Sufficiency of Circumstantial Evidence Generally instead of CALJIC No. 2.02, Sufficiency of Circumstantial Evidence to Prove Specific Intent or Mental State, but error was clearly harmless because former instruction was more inclusive than latter. Imposition of upper prison term based on judicial factfinding did not violate right to trial by jury where trial court found that defendant's prior convictions were a sufficient basis for its decision.
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