Feaster

People v. Feaster

Caution
102 Cal. App. 4th 1084·125 Cal. Rptr. 2d 896
Court of Appeal of CaliforniaOctober 17, 2002B153449California3,368 words

Opinion

Opinion

Ashmann-Gerst, J.

A jury convicted appellant Rhody Mitchell Feaster of assault with a firearm in violation of Penal Code section 245, subdivision (a)(2) (count 1); discharge of a firearm with gross negligence in violation of section 246.3 (count 2); and misdemeanor battery in violation of section 242 (count 3). The jury found true the allegations in counts 1 and 2 that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)) and personally used a firearm (§ 12022.5, subds. (a)(1) & (d)). Appellant admitted a prior strike allegation. The trial court sentenced appellant to a total of 20 years in state prison.

On appeal, appellant contends that: (1) the trial court committed reversible error when it did not allow appellant to impeach a prosecution witness with a prior conviction of a crime of moral turpitude, and (2) the trial court erred in reading CALJIC No. 17.41.1 to the jury. We find no merit in appellant’s contentions and affirm.

Facts

I. Prosecution Evidence

On October 1, 2000, between 8:00 p.m. and 9:00 p.m., Otis Taylor (Taylor), also known as “Luncheon,” was walking down West 84th Street in Los Angeles, between Broadway and Main Street. He was walking with…

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