Anderson

People v. Anderson

Good Law
185 Cal. Rptr. 3d 128·2015 Cal. App. LEXIS 232·235 Cal. App. 4th 93·15 Cal. Daily Op. Serv. 2648
Court of Appeal of CaliforniaMarch 13, 2015No. D063648California3,692 words

Opinion

lead Opinion

Aaron, J.

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…

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