Davis

Lorenzo Davis appeals from the judgment entered following a jury trial resulting in his conviction of two counts of second degree robbery with the use of a firearm, and the court found he had two prior convictions of a serious felony and a prior felony conviction for which he had served a separate prison term. (Pen. Code, §§211, 12022.5, subd. (a), 667, subd. (a)(1), 667.5, subd. (b).) He contends: “I. The court abused its discretion, and committed reversible error by admitting gang evidence to *809 impeach appellant’s alibi. [‘IQ II. The court’s finding that the prior serious felony allegation for the aggravated assault was true is not supported by substantial evidence.”

Facts and Proceedings Below

I. Trial Evidence

Viewing the evidence in the light most favorable to the judgment (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established at 6:30 p.m. on Monday, November 15, 1993, James Sanders and Jitendrakumar Soni were working at Nate’s Liquor Store. Two regular customers of the liquor store, “Chocolate” and “June Bug,” entered the store and demanded the money from them at gunpoint. Chocolate and June Bug took $300…

I agree with the opinion of the court. I write separately to highlight the essence of the matter.

Since 1872 Penal Code section 245 has made two quite different kinds of assaults—felony assaults. Assaults “with a deadly weapon or instrument” are *821 a felony assault. So also are assaults without a deadly weapon or instrument but by “means of force likely to produce great bodily injury." Either type of assault may result in a felony conviction of Penal Code section 245, subdivision (a)(1).

At issue is whether or not the phrase “any felony in which the defendant personally used a dangerous or deadly weapon” (Pen. Code, § 1192.7, subd. (c)(23)) includes both types of felony assault described in Penal Code section 245, those committed with a weapon and those committed without a weapon.

I agree the most reasonable interpretation is that Penal Code section 1192.7, subdivision (c)(23), insofar as it applies to felony assaults, refers only to those committed with a weapon.

If the intent of Penal Code section 1192.7, subdivision (c)(23) was to include both types of felony assault, those with and those without weapons, less apt language can hardly be imagined. Moreover, if such was the…

Lorenzo Davis appeals from the judgment entered following a jury trial resulting in his conviction of two counts of second degree robbery with the use of a firearm, and the court found he had two prior convictions of a serious felony and a prior felony conviction for which he had served a separate prison term. (Pen. Code, §§ 211, 12022.5, subd. (a), 667, subd. (a)(1), 667.5, subd. (b).) He contends: "I. The court abused its discretion, and committed reversible error by admitting gang evidence to impeach appellant's alibi. [¶] II. The court's finding that the prior serious felony allegation for the aggravated assault was true is not supported by substantial evidence."

Viewing the evidence in the light most favorable to the judgment ( People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal. Rptr.2d 23 , 864 P.2d 103 ]), the evidence established at 6:30 p.m. on Monday, November 15, 1993, James Sanders and Jitendrakumar Soni were working at Nate's Liquor Store. Two regular customers of the liquor store, "Chocolate" and "June Bug," entered the store and demanded the money from them at gunpoint. Chocolate and June Bug took $300 to $400 and fled. Sanders telephoned…