People v. Stone

Monti Kirk Stone appeals from a judgment entered upon his conviction by jury of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) and making a criminal threat (§ 422). The trial court sentenced him to an aggregate prison term of four years. Appellant contends that (1) the trial court erred in admitting prior bad acts evidence, (2) the trial court erred in refusing his request for a midtrial continuance to subpoena witnesses, (3) the trial court erred in denying his request to withdraw his in propria persona status, (4) he was denied his rights to due process and a fair trial by a series of impediments to presentation of his case, and (5) the trial court exceeded its jurisdiction by entering restraining orders against him that precluded his contacts with his victims.

We reverse the restraining orders and affirm the judgment.

FACTS

Theodore Walton resided on Gadsden Avenue, in Lancaster, County of Los Angeles. Appellant resided with him, having responded to Walton’s newspaper advertisement seeking a roommate. When Walton interviewed appellant, appellant told him that he was on probation for assault for a “silly” incident of which he…