People v. Rowland

Opinion

SPARKS, J.

Defendant Avila Dale Rowland was charged with one count of murder in violation of Penal Code section 187. It was further alleged that in the commission of the murder defendant used a deadly and dangerous weapon (Pen. Code, § 12022, subd. (b)), and that he had served one prior prison term for conviction of a felony. (Pen. Code, § 667.5, subd. (a).) Defendant agreed to submit the question of his guilt or innocence to the trial court for determination based upon the evidence presented at the preliminary hearing. The prosecutor then moved to strike the allegations of the use of a…