P. v. Urias
A jury convicted defendant Miguel Rey Urias of petty theft with a prior (count 1Pen. Code, 666)[1]and second degree burglary (count 2 459). In a bifurcated proceeding thereafter, the jury also found true allegations that defendant had a prior strike conviction ( 667, subds. (c) & (e), 1170.12, subd. (c)(1)) and a prior prison term ( 667.5, subd. (b)).[2] On appeal defendant makes three contentions: (1) that the courts exclusion of defendant from the trial violated his right to be present at all critical stages of the proceedings; (2) that the court prejudicially erred in admitting evidence that defendant had shoplifted from the same store on a prior occasion; and (3) that the courts true finding on the prior prison term enhancement must be set aside because neither defendants current nor prior offense were violent felonies. Court hold that none of defendants contentions are meritorious and, therefore, Court affirm.
Comments on P. v. Urias