P. v. Leveton
A jury convicted defendant Philip Louis Leveton of annoying or molesting a child (Pen. Code, 647.6, subd. (a)). In a bifurcated trial, the jury found defendant was convicted in 1996 of annoying or molesting a child. He was sentenced to state prison for the middle term of two years.
On appeal, defendant contends, and the People concede, that in the bifurcated trial on the prior conviction allegation, the court erred by failing to reinstruct the jury on the prosecutors burden of proof beyond a reasonable doubt, as it had in the initial phase of trial on the new offense. Contrary to defendants claim, this failure was not structural error requiring reversal of the jurys finding that defendant had a prior conviction in 1996 for annoying or molesting a child. Because, at most, it was harmless error, Court affirm the judgment.
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