Gutierrez

People v. Gutierrez

Good Law
238 Cal. Rptr. 3d 890·28 Cal. App. 5th 85
Court of Appeal of CaliforniaOctober 10, 2018E068135California2,072 words

Opinion

Lead Opinion

RAMIREZ P. J.

*87 Defendant Edgar Gutierrez walked up to a stranger and demanded the keys to his car. When the victim did not turn them over, defendant said, in Spanish, "[G]ive me the keys or it's going to be fucked up." The victim called 911, and defendant left. As a result, defendant was convicted of attempted carjacking. ( Pen. Code, §§ 215, subd. (a), 664.)

*892 Defendant claimed that he merely asked the victim if he had keys and could give him a ride. He denied threatening the victim; he claimed that he spoke Spanish poorly and the victim must have misunderstood him.

Defendant now contends that the trial court erred by:

1. Allowing the prosecution to impeach him with the facts underlying his prior felony conviction.

2. Discouraging the jury from requesting a readback of testimony.

We find no error. Hence, we will affirm.

I

THE PROSECUTION'S USE OF THE FACTS UNDERLYING DEFENDANT'S PRIOR FELONY CONVICTION TO IMPEACH HIM

Defendant contends that the trial court erred by allowing the prosecution to impeach him with the facts underlying his 2011 conviction for felony evading.

A. Additional Factual and Procedural Background .

Defendant moved in limine to preclude the…

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