P. v. Perales
A jury convicted appellant of four counts of identity theft (Pen. Code, 530.5, subd. (a)), four counts of making a false financial statement ( 532a, subd. (1)) and four counts of grand theft ( 487, subd. (a)). The trial court sentenced him to two years and eight months in state prison.
Appellants sole contention centers on the trial courts decision to permit the prosecution to elicit, for purposes of impeachment, testimony from him about his misdemeanor conduct of inflicting corporal injury on a cohabitant (Phyllis Valencia) in violation of section 273.5. Appellant claims that, pursuant to Evidence Code section 352, the trial court should have excluded the evidence as being unduly prejudicial. He argues that the admission of the evidence resulted in a miscarriage of justice, requiring reversal. Court are not persuaded. Court conclude that appellants contention has not been sufficiently preserved for appeal by a timely and specific objection on the record; that even if the objection was preserved, the trial court did not abuse its discretion in admitting evidence of appellants misdemeanor conduct; and that if any error occurred, it was harmless. Therefore, Court affirm the judgment.
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