P. v. DeFrance
Defendant contends that the trial court and clerk failed to comply with Penal Code[1] section 1149, which requires that the jury be asked whether they have agreed upon their verdict. (§ 1149.) We do not reach the merits of this contention, because defendant forfeited any claim of section 1149 error by failing to object below. (See People v. Anzalone (2013) 56 Cal.4th 545 (Anzalone).)
Defendant also claims, and the People concede, that there was insufficient evidence to sustain the trial court’s true finding with respect to his prior strike. We agree.
Finally, defendant argues that the court erred in using the same conviction to enhance and aggravate his sentence. This contention lacks merit.
Therefore, we will reverse with respect to the prior strike finding only, and remand for possible retrial on that issue.
Comments on P. v. DeFrance