People v. Dee

Opinion

KING, J.

In this case we are compelled to strike a prior conviction sentence enhancement because of trial counsel’s error in waiving a jury trial on the enhancement allegation after the judge prematurely discharged the jury.

An information charged Ricky Lamar Dee with possession of cocaine (Health & Saf. Code, § 11350). It also alleged a prior conviction and prison term (Pen. Code, § 667.5, subd. (b)). Trial of the charged offense and the prior conviction allegation was bifurcated. A jury convicted Dee of the charged offense.

Once the verdict was read and the jury was polled, the court…