Lena

People v. Lena

Good Law
2017 Cal. App. LEXIS 146·214 Cal. Rptr. 3d 547·8 Cal. App. 5th 1145·2017 WL 695956
Court of Appeal of CaliforniaFebruary 22, 2017No. A138474California2,053 words

Opinion

lead Opinion

Streeter, J.

*1147 Opinion

—Appellant Michael Angelo Lena was convicted of two counts of assault with a semiautomatic firearm upon a peace officer (Pen. Code, § 245, subd. (d)(2)), residential burglary (Pen. Code, § 459), and possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)), for which, with enhancements and prior convictions, he received a sentence of 51 years in state prison. He now appeals, arguing it was error to sanction him for refusing to answer questions on cross-examination by striking his entire testimony, and to admit evidence of various uncharged burglaries under Evidence Code section 1101, subdivision (b) to show intent, motive and common plan. We affirm, addressing the issue of sanctions for refusal to submit to cross-examination in part II.A. of this opinion, which is published, and the Evidence Code section 1101, subdivision (b) issue in part II.B. of the opinion, which is unpublished.

I. BACKGROUND

On February 17, 1999, police officers responded to a reported home burglary alarm going off in Corte Madera at what was later identified as the Ryborg-Fellows home. The officers encountered Lena in the neighborhood, where at least one home had recently been…

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