Stevenson

In a jury trial, defendant was convicted as follows: Guilty on count I, which charged assault with a deadly weapon on Samuel Willis with intent to commit murder, in violation of section 217 of the Penal Code; on count II, which charged an assault with a deadly weapon on William Reid, guilty of possession of a deadly weapon with intent to commit an assault on William Reid, in violation of section 467 of the Penal Code, a lesser and necessarily included offense within that charged. An allegation of the use of a firearm charged in count II was found to be true. Before the jury trial defendant admitted as true, two prior felony convictions as alleged in the information. Defendant was sentenced to state prison on count I and to county jail on count II, the sentences to run concurrently. In sentencing, the trial court's corrected minute order recites that it "finds that two priors were admitted and are considered for sentence and judgment" and that "the use allegation as to count two has been found to be true." We reverse.

Defendant's contentions on this appeal are procedural in nature. Therefore, we limit our recital of the facts to those necessary to…

In a jury trial, defendant was convicted as follows: Guilty on count I, which charged assault with a deadly weapon on Samuel Willis with intent to commit murder, in violation of section 217 of the Penal Code; on count II, which charged an assault with a deadly weapon on William Reid, guilty of possession of a deadly weapon with intent to commit an assault on William Reid, in violation of section 467 of the Penal Code, a lesser and necessarily included offense within that charged. An allegation of the use of a firearm charged in count II was found to be true. Before the jury trial defendant admitted as true, two prior felony convictions as alleged in the information. Defendant was sentenced to state prison on count I and to county jail on count II, the sentences to run concurrently. In sentencing, the trial court’s corrected minute order recites that it “finds that two priors were admitted and are considered for sentence and judgment” and that “the use allegation as to count two has been found to be true.” We reverse.

Defendant’s contentions on this appeal are procedural in nature. Therefore, we limit our recital of the facts to those necessary to understanding our…

I concur in the result. However, I do not agree with two matters discussed in the majority opinion.

(1) The evidence offered in the attempt to impeach Willis, was the record of a conviction of a person named “Samuel Willet,” apparently for theft. Apart from the fact that “Willet” appeared to have been bom on the same day as Willis, and bore the same first name, nothing in the record shows that they were the same person. On the record before us, exclusion of the record relating to “Willet” was not error.

Since the proffered evidence was properly excluded, I see no reason to discuss the hypothetical right to have used an 18-year-old conviction as impeachment of a nondefendant witness.

(2) The People’s case rested on the transcribed testimony of Reid and Willis: Under those circumstances, it is pointless to talk about emphasizing their testimony—that was all the testimony the jury had to consider. It is one thing to hear a witness; it is another thing to hear another party read that testimony, with the reader’s possible misreading and with the reader’s own emphasis of what is read. I cannot see that, in this case, the action of the trial court in allowing the juiy to follow the…