Hopkins

A jury convicted appellant of assault with a firearm (Pen. Code, § 245, subd. (a)(2)), possession of a firearm by an ex-offender (§ 12021.1), and assault with a deadly weapon other than a firearm (§ 245, subd. (a)(1)). The jury also found true two allegations of intentional infliction of great bodily injury (§ 12022.7) and an allegation of personal use of a firearm (§ 12022.5, subd. (a)). Appellant then admitted the allegation that he had previously been convicted of rape by force, a serious felony (§§ 667, 1192.7). He was sentenced to serve 10 years in state prison.

Appellant contends the trial court erred by permitting repeated references to his prior conviction as a “violent offense.” We agree and reverse with a further discussion for guidance of the trial court on remand.

Prior to trial, appellant stipulated, for purposes of the count charging possession of a firearm by an ex-offender, that he had previously been convicted of rape by force. As to the way in which the jury should be advised of this stipulation, defense counsel agreed that the jury could be told of the prior conviction but argued that it should not be given any information concerning the offense on…