McMahan

John E. McMahan appeals from a conviction by jury trial of a violation of Penal Code section 220, assault with intent to commit rape, and from the jury’s finding in a bifurcated proceeding, that he suffered two prior convictions within the meaning of section 667, subdivision (a). He contends the prosecution failed to meet its burden of proving the elements of the prior conviction from the State of Missouri as an enhancement. McMahan also argues the trial court erred in imposing the fíne under section 290.3 without first determining he had the ability to pay the fine. We will affirm.

Discussion

Since the issues on appeal address only the prior conviction from Missouri and the fine imposed at sentencing pursuant to section 290.3, discussion of the facts relating to the section 220 conviction will be omitted.

At trial, the allegations regarding the prior convictions were bifurcated. The second prior conviction alleged was from the State of Missouri for rape (violation of § 566.030 punishable under § 558.011.1(2) of the Revised Statutes of Missouri). At trial on the prior conviction, over defense objection, the prosecution admitted into evidence the judgment/sentence,…