People v. Brown

Opinion

ELKINGTON, J.

A jury found defendant Brown guilty of the crimes of grand theft and burglary, and he admitted serving a recent prior prison term. The trial court thereafter set aside the burglary conviction. He was sentenced to state prison for a three-year aggravated term on the grand theft charge with a one-year enhancement for the prior conviction and prison term. He appeals from the judgment.

It is first contended by Brown that: “The California Constitution precludes a conviction where the only evidence connecting the accused with a crime is a prior statement repudiated by a witness…