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Name: People v. Norris
Case #: B149731
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/22/2002
Subsequent History: Rev. Denied 4/17/02.

Penal Code sections 1118 and 1118.2 , which provide for acquittals of offenses, do not apply to status-based, recidivist allegations such as prior prison term allegations. Thus, the trial court’s purported finding of “not guilty” on a prior prison term was not binding, and it was free to reexamine the issue.