People v. Ojeda CA5

INTRODUCTION

Following a jury trial, appellant Armando Ojeda, Sr. was convicted of making a criminal threat to his now ex-wife (Pen. Code, § 422;1 count 1); possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3); and possession of ammunition by a felon (§ 30305, subd. (a)(1); count 4). The jury found him not guilty of assault with a firearm (§ 245, subd. (a)(2); count 2), and found it was not true he personally used a firearm in making the criminal threat (§ 12022.5, subd. (a)). In a bifurcated court trial, it was found true appellant had one prior serious felony conviction (§ 667, subd. (a)) and one prior strike conviction (§ 667, subds. (c)-(j)). He was sentenced to an aggregate prison term of nine years. On appeal, appellant contends the trial court abused its discretion when admitting a 1992 residential burglary conviction as impeachment evidence. He further argues the prosecutor committed misconduct during closing arguments. We find these contentions unpersuasive and affirm.

FACTUAL BACKGROUND

I. Prosecution’s Case.

A. The altercation with Janie Ojeda. Janie Ojeda is appellant’s ex-wife. She filed for divorce in November 2012 and it was finalized on…