People v. Trotter

Opinion

HANING, J.

Robert Wayne Trotter appeals his conviction by jury trial of vehicle theft (Veh. Code, § 10851, subd. (b)), perjury (Pen. Code, § 118), and theft by false pretenses (Pen. Code, § 532). The court found true a prior robbery conviction (Pen. Code, §§ 667.5, subd. (b); 667, subds. (d) & (e), 1170.12). He contends the court improperly instructed the jury on the requirements of proof of perjury, and permitted an amendment to the information to allege the prior strike conviction under the “Three Strikes” law after the jury was discharged.

Background

On September 28, 1996, Gerald…