People v. Harris

Opinion

person attempting to use an automated teller machine. Appellant, Anthony C. Harris, appeals his conviction contending it was reversible error for the trial court to deny his motion for mistrial and to fail to instruct on the lesser offenses of theft and assault. He also contends it was error to use the fact of a single conviction to enhance his sentence under Penal Code section 667, subdivision (a) for a prior felony conviction as well as for service of a prior prison term on that conviction (Pen. Code, § 667.5, subd. (b).) We affirm the judgment of conviction but find appellant’s…