Anderson

I.

INTRODUCTION

A jury convicted Melvin James Anderson of residential burglary (Pen. Code,

§§ 459, 460)1; first degree robbery (§§ 211, 212.5, subd. (a)); assault with a firearm

(§ 245, subd. (a)(2)); and being a felon in possession of a firearm (§ 29800, subd. (a)(1)).

The jury found true allegations that Anderson personally used a handgun within the

meaning of section 12022.5, subdivision (a) in the commission of the burglary and

assault, and personally used a handgun within the meaning of section 12022.53,

subdivision (b) in the commission of the robbery. Anderson admitted that he had

incurred three prison priors (§ 667, subd. (b)); one serious felony prior (§ 667, subd.

(a)(1)); and one strike prior (§§ 667, subds. (b)-(i), 1170.12).

Anderson contends that (1) the trial court erred by failing to instruct the jury on a

claim-of-right defense; (2) the court erred by admitting impeachment evidence regarding

his prior gun use and possession, which the court had previously ruled inadmissible, and

defense counsel rendered ineffective assistance by failing to object to the prosecution's

irrelevant examination that was designed to open the door to that impeachment…