People v. Lopez CA5

INTRODUCTION

Defendant Javier Lopez was convicted of attempted premeditated murder, assault with a deadly weapon, and participation in a criminal street gang; the jury found true the firearm use allegations. Following a subsequent court trial, the prior serious felony and prior prison term allegations were also found true. On appeal, defendant asserts the trial court abused its discretion and violated his due process rights by admitting evidence of prior misconduct pursuant to Evidence Code section 1101, subdivision (b), and to the degree counsel failed to object, counsel rendered ineffective assistance. Next, he maintains the trial court abused its discretion and his Sixth Amendment right to confrontation by denying his request to impeach the victim’s testimony with a prior felony involving dishonesty. Further, defendant argues the “jail classification admissions were un-Mirandized, coerced, inadmissible” and in violation of his due process rights, were inadmissible hearsay in violation of Crawford v. Washington (2004) 541 U.S. 36, and counsel was ineffective for failing to move to exclude that evidence under Evidence Code section 352 and the Sixth and Fourteenth Amendments to…