Lewis

Charged by information with murder (Pen. Code, § 187), defendant Michael Joseph Lewis was tried to a jury and convicted of the lesser included offense of involuntary manslaughter (Pen. Code, § 192). An allegation of firearm use (Pen. Code, § 12022.5) was found to be true. Defendant has appealed from the judgment sentencing him to state prison for a term of six years.

On this appeal, defendant contends: (1) prosecution and conviction for manslaughter is barred by the statute of limitations; (2) the prosecution should not have been permitted to impeach a defense witness with alleged prior inconsistent statements, and (3) the upper term should not have been imposed.

Facts

Defendant shot and killed Edward Patrick Dennick at the Silver Dollar Bar in Yucca Valley on January 29, 1980. Dennick arrived at the bar first. While playing pool, he told his brother he owed defendant $75. When defendant entered the bar, he motioned for Dennick to step outside.

The testimony at trial provided varying accounts of what happened next. According to one version, supported by the victim’s brother and other prosecution witnesses, defendant drew a gun, placed it against Dennick’s chest, and…