Stills

People v. Stills

Good Law
1994 Cal. App. LEXIS 1146·29 Cal. App. 2d 1766·29 Cal. App. 4th 1766·35 Cal. Rptr. 2d 486·94 Daily Journal DAR 16027
Court of Appeal of CaliforniaNovember 14, 1994A064318California1,293 words

Opinion

Opinion

Haerle, J.

I. Introduction

Frederick Douglas Stills appeals from judgment of conviction for battery with serious bodily injury (Pen. Code, § 243, subd. (d)). He contends that the trial court committed reversible error by (a) failing to obtain a voluntary and intelligent waiver of his constitutional rights before he admitted a prior conviction, (b) not excluding evidence of the prior conviction in the course of impeachment on cross-examination, and (c) admitting other evidence he claims was prejudicial.

We find no error with respect to the latter two contentions but find there was reversible error by the trial court in not advising appellant of his constitutional rights and obtaining the appropriate waivers thereof. Our reversal is, therefore, limited to that issue and we remand the case for a new trial only on the prior conviction allegation.

II. Facts and Procedure

The case arose from an incident occurring at a boarding house in San Bruno where appellant resided along with several other people, including one Sharon Davis and her two children. During the late afternoon of May 28, 1993, a dispute arose between appellant and one of Davis’s children regarding possession of a remote…

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