P. v. Biggins
Defendant Anthony Biggins was charged by information filed April 27, 2006, with petty theft with a specified prior (Pen. Code, 666; count 1),[1] and second degree burglary ( 459, 460, subd. (b); count 2). The information further alleged that defendant had a prior felony conviction that qualified as a strike ( 1170.12), and that he had served three prior prison terms ( 667.5, subd. (b)). On June 29, 2006, the court granted defendants motion to bifurcate trial on the alleged priors, and on July 10, 2006, defendant admitted the strike prior and two of the prison priors. On July 11, 2006, the jury found defendant guilty of count 1 and not guilty of count 2.Viewing the record in the light most favorable to the judgment, as Court must (People v. Johnson (1980) 26 Cal.3d 557, 578).
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