P.

Filed 3/20/13 P. v. Esco CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A134357 v. (Contra Costa County FREDDIE BLACK ESCO, SR., Super. Ct. No. 05-110949-5) Defendant and Appellant. _____________________________________/

A jury convicted appellant Freddie Black Esco, Sr., of attempted second degree robbery (Pen. Code, §§ 211, 664),1 second degree burglary (§§ 459, 460), and petty theft with a prior theft conviction (§§ 484, 666). The court sentenced appellant to state prison. On appeal, appellant contends: (1) the court erred by denying his motion to impeach a prosecution witness with preliminary…