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PEOPLE v. NORRIS

No. B149731.

115 Cal.Rptr.2d 540 (2002)

95 Cal.App.4th 475

The PEOPLE, Plaintiff and Respondent, v. Kevin Dwane NORRIS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Review Denied April 17, 2002.

Attorney(s) appearing for the Case

Joseph L. Ungvari, under appointment by the Court of Appeal, Roseville, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

COFFEE, J.

Kevin Dwane Norris appeals from a judgment entered after a jury convicted him of petty theft with a prior. (Pen. Code, § 666.)1 He contends the trial court erred when it made a true finding on a prior prison term enhancement, having previously granted a motion under section 1118 to "acquit" him of that allegation. We conclude that section 1118 does not apply to recidivist allegations and affirm the judgment.

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