People v. Taporco CA5

INTRODUCTION

Defendant Tinyamor Taporco assaulted H.R., a private citizen attempting to arrest defendant, using a stabbing instrument and after leaving a restaurant where he had threatened employees and stolen unopened beer. A jury convicted defendant of assault with a deadly weapon. The trial court denied defendant’s motion to strike his prior convictions and sentenced him to a term of 35 years to life in prison. Defendant argues that the trial court abused its discretion in admitting evidence of a prior incident where defendant also threatened employees of the restaurant and destroyed refreshment bottles because the evidence was not relevant to the lawfulness of H.R.’s citizen’s arrest and because the evidence was unduly prejudicial. Defendant also argues that the trial court abused its discretion in denying his motion to strike his prior convictions. We affirm.

PROCEDURAL BACKGROUND

The District Attorney of Kern County filed an amended information on October 16, 2019, charging defendant with assault with a deadly weapon1 (Penal Code,2 § 245, subd. (a)(1)), three prior “strike” convictions within the meaning of the “Three Strikes” law (currently codified at §§ 667, subds.…