P. v. Watlington
Filed 6/23/06 P. v. Watlington CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. DENNIS LEE WATLINGTON, Defendant and Appellant. | G035128 (Super. Ct. No. 02WF1372) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, James A. Stotler, Judge. Affirmed in part and reversed in part.
Harvey L. Goldhammer, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Barry Carlton and Sharon L. Rhodes, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
A jury convicted Dennis Lee Watlington of conspiracy to transfer an assault weapon, street terrorism, and other offenses connected to unlawful possession and transfer of a firearm. The jury also found true a gang enhancement. Watlington contends the court improperly admitted evidence of his prior convictions, a STEP notice, and a witness's testimony from his first trial after erroneously upholding the witness's invocation of the Fifth Amendment privilege against self-incrimination. We remand the case to the trial court for resentencing on the gang enhancement. In all other respects, we affirm the judgment.
FACTS
An amended information charged Watlington with conspiracy to unlawfully transfer an assault weapon (Pen. Code, §§ 12280, subd. (a)(1), 12072, subd. (a)(2), & 182, subd. (a)(1))[1], unlawful assault weapon activity (§ 12280, subd. (a)(1)), unlawful transfer of a firearm by a gang member (§ 12072, subd. (a)(2) & (g)(2)(E)), unlawful transfer of a firearm by a felon (§ 12072, subd. (a)(2) & (g)(2)(D)), possession of a firearm by a violent felon (§ 12021.1, subd. (a)), and street terrorism (§ 186.22, subd. (a)). The information alleged a gang enhancement (§ 186.22, subd. (b)(1)(A)), two prior serious or violent felonies (§ 667, subd. (a)(1), (b), & (e)(2)(A)), and a prior prison term (§ 667.5, subd. (b)).
At Watlington's first trial (which ultimately ended in a mistrial), Paul Moniz testified he and Watlington had been members of the Vagos motorcycle gang. While Moniz was on parole (and after numerous violations that would have sent him back to prison), Moniz agreed to act as a government informant setting up purchases of guns and/or drugs from Vagos members. In return, the government paid Moniz between $22,000 and $50,000, and Moniz â€
