Wade

People v. Wade

Good Law
1996 Cal. App. LEXIS 775·48 Cal. App. 4th 460·55 Cal. Rptr. 2d 855·96 Daily Journal DAR 9825·96 Cal. Daily Op. Serv. 6054
Court of Appeal of CaliforniaAugust 12, 1996F023913California3,467 words

Opinion

Opinion

Thaxter, J.

We will hold here that a defendant charged with possession of a firearm after the conviction of prior specified misdemeanors (Pen. Code, § 12021, subd. (c)(1)) (section 12021(c)(1)) may admit he has suffered one or more prior convictions within the meaning of that section and thereby withhold the nature, but not the fact, of the convictions from the jury. In this case, however, the court’s refusal to accept such an offered stipulation was harmless error.

Facts

On January 22,1995, Bakersfield Police Officer Brian Silvius investigated a disturbance at the apartment complex at 1010 Beale. Corrina Villareal, the girlfriend of appellant Sherman Dennis Wade, lived in apartment No. 9; Lashawn Collins lived next door in apartment No. 10. Collins told Officer Silvius that appellant was upset because someone had slashed the tires of his truck. Appellant yelled at her friends, Joanna Wimpee and Tiffany G., and pulled a dark blue pistol with a black handle from his waistband. Appellant said he was going to kill Wimpee. Collins told appellant to stop and to put the gun away. Appellant chased her and threatened to kill her but she escaped into her apartment. Appellant then hit Wimpee…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.