Jones

People v. Jones

Good Law
1995 Cal. App. LEXIS 827·37 Cal. App. 4th 1312·44 Cal. Rptr. 2d 552·44 Cal. Rptr. 552·95 Daily Journal DAR 11540
Court of Appeal of CaliforniaAugust 24, 1995A067356California1,456 words

Opinion

Opinion

Merrill, J.

Appellant Calvin Jones was convicted of assault with a deadly weapon, and the enhancing allegation of personal infliction of great bodily injury was found to be true. The jury also found to be true the allegations of three prior felony convictions. The sole issue raised on appeal is whether sufficient evidence supported the jury’s finding regarding two of the alleged prior convictions.

I.

Facts

We set forth the facts to the limited extent necessary for a determination of the issue on appeal. The information alleged that appellant had five prior felony convictions. Following presentation of evidence on the prior convictions, the court granted appellant’s motion to dismiss the third and fourth alleged priors. The jury then found the allegations regarding appellant’s first, second, and fifth prior convictions to be true. Appellant challenges the jury’s findings as to the first prior conviction for burglary and second prior conviction for robbery. He does not challenge the finding as to the fifth alleged prior conviction for robbery.

The only evidence offered to prove the first and second alleged prior convictions was documentary evidence of the information filed in each…

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