People v. Burgess

Opinion

HANING,

J.—Vernon Lee Burgess appeals his conviction by jury trial of possession of stolen property (Pen. Code, § 496);1 grand theft (§§ 484/487, subd. 3); offering to sell PCP (Health & Saf. Code, § 11379.5); and robbery (§ 211). His primary contention is that the substitution of a regular juror with an alternate constituted double jeopardy. He has also petitioned for habeas corpus, claiming that his trial counsel’s failure to formally enter a plea of former jeopardy (§ 1016, subd. 5) deprived him of the effective assistance of counsel. We affirm the judgment and deny the petition.

Since…