Armendariz

At a bifurcated jury trial, defendant was convicted first of robbery (Pen. Code, § 211) and then found to have been convicted previously of a serious felony, assault with a deadly weapon (§ 245, subd. (a)) within the meaning of section 667. Defendant was sentenced to the middle term of three years for the robbery conviction plus a consecutive five-year enhancement pursuant to section 667.

On appeal, defendant raises multiple claims of error, including prosecutorial misconduct during voir dire of prospective jurors, erroneous admission of opinion testimony to impeach a defense witness, erroneous admission of defendant’s prior conviction of assault with a deadly weapon for impeachment purposes, and error in imposing the section 667 enhancement. After discussion, we will affirm but modify the judgment by striking the five-year enhancement.

The Facts

The robbery occurred at the Capri liquor store in McFarland. The prosecution’s key witness was the cashier of the store, Francisco Vela. Mr. Vela testified that defendant and a companion, Victor Lopez, entered the store on the evening of March 18, 1983. Defendant asked whether Mr. Vela’s coworker or the store’s manager was on…