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PEOPLE v. DEE

Docket No. A046986.

222 Cal.App.3d 760 (1990)

272 Cal. Rptr. 208

THE PEOPLE, Plaintiff and Respondent, v. RICKY LAMAR DEE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

July 30, 1990.

Attorney(s) appearing for the Case

COUNSEL

Marylou Hillberg, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Richard B. Iglehart, Chief Assistant Attorney General, John H. Sugiyama, Assistant Attorney General, Morris Beatus and Christopher W. Grove, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.

In this case we are compelled to strike a prior conviction sentence enhancement because of trial counsel's error in waiving a jury trial on the enhancement allegation after the judge prematurely discharged the jury.

An information charged Ricky Lamar Dee with possession of cocaine (Health & Saf. Code, § 11350). It also alleged a prior conviction and prison term (Pen. Code, § 667.5, subd. (b)...

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