Robinson

SUMMARY

Defendant Lamar Robinson was charged with battery on a correctional officer (Pen. Code, § 4501.5) and with two prior conviction enhancements (Pen. Code, § 667.5, subd. (b)). The prosecution introduced evidence of defendant’s prior conviction for being a felon in possession of a firearm, over defendant’s objection (Pen. Code, § 12021, subd. (a)(1)). Defendant’s first trial resulted in a mistrial after the jury deadlocked. The second trial resulted in a guilty verdict, and defendant was sentenced to five years in prison. On appeal, he contends (1) his prior conviction was inadmissible as a matter of law, as it was not a crime of moral turpitude; or alternatively, (2) even if the conviction was admissible, the trial court abused its discretion under Evidence Code section 352 by admitting it because it was minimally probative and highly prejudicial. We find no merit in defendant’s arguments, and therefore affirm the judgment.

FACTS

Defendant was incarcerated at the California State Prison in Lancaster. In the early afternoon on December 17, 2008, correctional officers were transferring defendant and 15 to 20 other inmates to a new housing facility at the *710…