P. v. Taylor
The jury also found that defendant had a prior conviction for vehicle theft. (Pen. Code, 666.5, subd. (a).) The jury was unable to reach a verdict on another charge alleging vehicle theft (Veh. Code, 10851, subd. (a)), and a mistrial was declared as to that count. In a bifurcated proceeding, the trial court found true that defendant had served a prior prison term (Pen. Code, 667.5, subd. (b)) and sentenced him to state prison for a term of five years.
On appeal, defendant contends the trial court improperly instructed the jury after it reported it was deadlocked. Court agree with this contention and, accordingly, shall reverse.
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