Armstrong

Vincent Todd Armstrong appeals from the judgment entered

following a jury trial in which he was convicted of assault by means of force likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(1), and use of a destructive device with the intent to injure, intimidate, or terrify any person or to injure and destroy property in violation of section 12303.3. The issue of appellant’s prior conviction was bifurcated and the trial court found that appellant had previously been convicted of residential burglary, a serious felony within the meaning of section 667, subdivision (a). He contends there was insufficient evidence of force likely to produce great bodily injury with regard to the assault charge; that the destructive device conviction is not a serious felony within the meaning of sections 667, subdivision (a) and 1192.7, subdivision (c); and that the court abused its discretion in consolidating the trial of the two offenses.

Statement of Facts

Assault Count

On December 27, 1989, Alana Lamorie used a pay telephone near the location of the Fireside Restaurant in Downey. As she walked back to her car, appellant, while in his truck,…