P. v. McNutt
A jury convicted defendant Brian Keith McNutt of two counts of first degree burglary (Pen. Code, §§ 459, 460, subd. (a)),[1] receiving stolen property (§ 496, subd. (a)), misdemeanor resisting, delaying or obstructing an officer (§ 148, subd. (a)(1)), and misdemeanor vandalism (§ 594, subds. (a), (b)(2)(A)). After defendant waived his right to a jury trial on three prior conviction allegations and one prison prior allegation (§§ 667, subds. (a), (b)-(i), 1170.12, 667.5, subd. (b)), the court found those allegations true. The court sentenced defendant to 15 years and eight months in prison.
On appeal, defendant claims he was incurably prejudiced when the jury learned, by volunteered testimony that was immediately stricken by the court, “that [he] had a criminal record, preferred to be in jail, and had multiple drug addictions.†Defendant contends that the judgment must be reversed and the case remanded for a hearing on whether the state and federal double jeopardy clauses bar his retrial. We affirm.[2]
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