People v. Blevins CA3

I. BACKGROUND

The People charged defendant with two counts of committing a lewd act with a child under 14 by use of force (Pen. Code, § 288, subd. (b)(1)) and alleged that defendant previously served a term in prison (Pen. Code, § 667.5, subd. (b)). He pleaded not guilty. Prior to trial, the People filed several motions in limine including motions seeking to use defendant’s prior felonies and certain misdemeanors to impeach defendant should he choose to testify. Neither the People’s motions in limine, nor the defendant’s address the four misdemeanor convictions that are now the focus of this appeal. At trial, defendant admitted his prior convictions for receiving stolen property (Pen. Code, § 496) and auto theft in 1998 (Veh. Code, § 10851), receiving stolen property in 2002 (Pen. Code, § 496), and felony spousal abuse (Pen. Code, § 273.5) in 2011 (his victim was Megan G.). The following exchange then took place between defendant and his counsel: “Q: The first three convictions, did they—had you met [Megan G.] yet at the time that those offenses were committed? “A: No. “Q: And after meeting her, did that cause you to realize that you needed to change your life in some way? “A:…