People v. Velasquez CA4/1

INTRODUCTION

Damian I. Velasquez appeals a judgment of conviction after a jury found him guilty of one count of carjacking (Pen. Code, § 215, subd. (a);

count 1),1 one count of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); count 2), and one count of unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a); count 3). He contends the trial court erred by ruling in limine that the prosecution could impeach him with a prior felony conviction if he elected to testify at trial. The People claim Velasquez’s argument is barred because he voluntarily waived his right to testify. We agree with the People. Therefore, we affirm the judgment. II

BACKGROUND

A. Factual Background R.M. drove his pickup truck to a credit union in National City to make a loan payment. While he was in the parking lot, he met and struck up a conversation with Louie Granados. At one point during the conversation, Granados said he had a friend who knew a lot of women. He offered to introduce R.M. to the friend and R.M. agreed to meet him. R.M. and Granados got into R.M.’s truck and drove to a motel. There, the men met with Granados’ friend, Velasquez, who said…