Brandon

People v. Brandon

Good Law
1995 Cal. App. LEXIS 169·32 Cal. App. 4th 1033·38 Cal. Rptr. 2d 751·95 Daily Journal DAR 2684·95 Cal. Daily Op. Serv. 1551
Court of Appeal of CaliforniaJanuary 27, 1995D018680California7,842 words

Opinion

Opinion

Huffman, J.

Michael Dewane Brandon was convicted by a jury of kidnapping for robbery (Pen. Code, § 209, subd. (b)) and robbery (§211). In connection with each offense, the jury also found true the allegation Brandon had personally used a knife. (§ 12022, subd. (b).) In separate proceedings, the court found true allegations Brandon had suffered a prior prison term and a prior serious felony conviction. After denying his motion for a new trial, the court sentenced Brandon to prison for “the indeterminate term of life, plus nine years for the enhancements.”

Brandon appeals, contending the trial court committed prejudicial error in the admission of other crimes testimony, in the admission of the victim’s photographic and in-court identifications, in the exclusion of the results of a case-specific identification experiment, in instructing the jury under CALJIC No. 2.21.2 (witness willfully false) and in imposing both a prior prison term violent felony enhancement (§ 667.5, subd. (a)) and a prior serious felony conviction enhancement (§ 667, subd. (a)) based upon his 1987 conviction, for which he served a prison term. Having thoroughly reviewed the record, we conclude any error was…

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