Maestas

Gilbert Eugene Maestas appeals his conviction by jury verdict of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) In a bifurcated proceeding the court found true the allegation that he had served two prior prison terms. (§ 667.5, subd. (b).) Appellant contends the admission of his prior convictions for impeachment violated his right to due process.

BACKGROUND

The People’s Case

Appellant and the victim were casual acquaintances. In January 2004, the victim lent appellant $20 to buy cigarettes and beer. He unsuccessfully sought repayment several times in January.

On February 1, 2004, the victim encountered appellant outside the victim’s apartment. He asked again for repayment; appellant replied he was not working and did not have the money. The victim then shoved appellant to the ground. Appellant got up and “went at” the victim’s stomach and arm. The victim shoved him to the ground again. Appellant got up and ran away.

After appellant departed, the victim felt pain in his arm and stomach. He saw blood gushing from his arm and lifted his shirt to see a puncture wound to his stomach. The stomach wound was cleaned at the hospital, and the arm wound…