PEOPLE v. ALLEN

No. D032857.

89 Cal.Rptr.2d 609 (2000)

75 Cal.App.4th 996

The PEOPLE, Plaintiff and Respondent, v. James Richard ALLEN, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Granted January 13, 2000.


Attorney(s) appearing for the Case

Patrick J. Hennessey, Jr., San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.


Certified for Partial Publication.1

HUFFMAN, J.

This case requires us to address the question of whether violation of a defendant's statutory right to a jury trial on the truth of a prior conviction is subject to the harmless error rule. In the published portion of the opinion, we conclude the harmless error rule is applicable to such violations.

James Richard Allen was convicted by a jury of robbery (Pen.Code, § 211...

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