P. v. Harris
Defendant Eddie Lee Harris appeals from a judgment of conviction entered after a jury found him guilty of shooting at an occupied vehicle (Pen. Code, 246,[1]count 1), shooting at an inhabited dwelling ( 246, count 2), and permitting someone to shoot from a vehicle ( 12034, subd. (b), count 3). The trial court found true the allegations defendant suffered a prior conviction of a serious felony ( 667, subds. (a), (b)-(i), 1170.12). It sentenced defendant to 15 years in state prison: 10 years on count 1 (double the middle term sentence of 5 years as a second strike), and five years for the prior conviction. It stayed sentence on counts 2 and 3 pursuant to section 654.
On appeal, defendant contends there is insufficient evidence to establish that his federal bank robbery conviction was a serious felony within the meaning of sections 667 and 1170.12. He also claims the trial court erroneously failed to instruct as to a lesser included offense on count 2, erroneously denied his motion to exclude identification evidence, and failed to rule on his new trial motion. We agree that the evidence is insufficient to support the finding defendant previously was convicted of a serious felony. Court reject the remainder of defendants contentions.
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