Rivera
People v. Rivera
Opinion
Opinion
Elia, J.
Appellant was convicted by a jury of assault with a deadly weapon inflicting great bodily injury. (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a), 1203, subd. (e)(3).) The trial court sentenced him to five years in state prison. On appeal, he contends his prior juvenile adjudication for misdemeanor possession of a deadly weapon with intent to commit an assault is not a crime of moral turpitude and thus it was error for the trial court to permit the prosecutor to use it to impeach him at trial. He further contends the trial court erred in giving CALJIC No. 17.41.1. We affirm.
Evidence at Trial
On June 1, 2000, Greg Ruffin was working as a security guard at T’s Bar and Grill in San Jose. This establishment is a “bikini bar” where dancers remove their clothing down to bikinis while patrons consume alcohol. Around 1:30 p.m. appellant entered T’s with two other men, sat at a table and ordered drinks. One of the men with appellant left the table and went to the VIP room. At 3:00 p.m., one of the dancers told Ruffin appellant and his remaining friend “were being disrespectful.” Ruffin explained the rules of the establishment to appellant and his friend and they were “very…