People v. Brown CA1/1

INTRODUCTION

A jury convicted defendant Andrew Thomas Brown of two counts of second degree robbery (Pen. Code, § 212.5, subd. (c));1 two counts of assault with a deadly weapon (§ 245, subd. (a)); second degree burglary (§ 460, subd. (b)); and petty theft with priors (§ 666). On appeal, defendant contends the trial court prejudicially erred in admitting evidence of three prior theft convictions not only for impeachment, but also to show intent to steal, and giving corresponding jury instructions allowing such use of the priors. The Attorney General concedes error in admitting two of the prior convictions for the purpose of proving intent, but maintains any error was harmless. We agree, and affirm the judgment.

BACKGROUND

On the evening of March 30, 2013, Freddie Persons and Omari Logan were working as loss prevention officers at a Safeway supermarket in Daly City. They wore plain clothes and carried concealed badges. 1 All further statutory references are to the Penal Code unless otherwise indicated.

1 According to prosecution witnesses, defendant entered the Safeway at 8:14 p.m. and pushed his cart to the frozen meat section. Persons testified he and Logan were alerted by the…