P. v. Smith
A jury found defendant and appellant Keenan Keith Smith guilty of counts 1 and 2, attempted murder and of count 3, being a felon in possession of a gun. For the purposes of count 3, defendant agreed to stipulate he had a prior conviction. The stipulation, however, was not read to the jury until after the People presented its case-in-chief. Defendant now contends that his motion to dismiss, made under Penal Code section 1118.1,[1] should have been granted as to count 3, because there was insufficient evidence to support that count at the time the People rested. We disagree and affirm the judgment.
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