P. v. Johnson
A jury found defendant guilty of first degree residential burglary in violation of Penal Code section 459 The jury also found true six prior felony convictions, five of which were serious felony convictions ( 667, subd. (a)(1)) and strikes ( 667, subd. (e)(2), 1170.12, subd. (c)(2)), and one prior prison term commitment ( 667.5, subd. (b)). On appeal, defendant objects to the lower courts refusal to grant his motion to continue the trial to give him time to investigate the jury recruitment process. He also challenges the admission into evidence of a necklace found by the court clerk and the court clerks testimony about finding the necklace. He raises an ineffective assistance of trial counsel claim and asserts that the lower court erred in failing to provide sua sponte a unanimity instruction. Court are not persuaded by defendants arguments and affirm the judgment.
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