People v. Countryman CA5

INTRODUCTION

A jury convicted defendant Timothy Gene Countryman of receiving a stolen vehicle (Pen. Code,1 § 496d, subd. (a)). In bifurcated proceedings, the court found true two of three alleged prior conviction allegations (§ 666.5, subd. (a)). Defendant was sentenced to an upper term of four years in county jail. On appeal, defendant contends (1) the admission of prior conviction evidence at trial violated Evidence Code section 1101, subdivision (b) and his right to due process; (2) the court erred in admitting the prior conviction evidence for impeachment purposes because the prior conviction did not involve moral turpitude; (3) defendant’s due process rights were violated by the prosecution’s refusal to offer total immunity to what he characterizes as an essential and exculpatory witness; (4) the trial court abused its discretion under Evidence Code section 1230 by excluding the exculpatory witness’s statements, which abuse denied defendant the right to present a defense; (5) the trial court erred in admitting and relying on uncertified hearsay documents to find the prior conviction allegations true; and (6) he was prejudiced by the cumulative effect of these errors. We…