Legal Opinion
People v. Burch
California Court of Appeal
Decided March 20, 2007No. D049604PublishedCited by 3 opinions
1Opinion of the Court
Opinion
BENKE, Acting P. J.
Robert Franklin Burch was convicted of possession of methamphetamine, count 1, and possession of fictitious bills, count 2. It was also found true he served a term of imprisonment within the meaning of Penal Code 1 section 667.5, subdivision (b). Burch was sentenced to four years in prison. He appeals, arguing (1) the trial court abused its discretion when denying his request to bifurcate the trial on his prior conviction which resulted in prejudicial error, (2) the trial court prejudicially erred by failing to sua sponte instruct the jury with CALJIC No. 2.02 in…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- United States v. BookerSupreme Court of the United States · 2004
- Blakely v. WashingtonSupreme Court of the United States · 2004
- People v. WatsonCalifornia Supreme Court · 1956
- Cunningham v. CaliforniaSupreme Court of the United States · 2007
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3Cited by3 opinions
- People v. FranklinCalifornia Court of Appeal · 2016
- P. v. Butler CA2/2California Court of Appeal · 2013
- People v. CardenasCalifornia Court of Appeal · 2007