P. v. Packer
A jury convicted defendant Celeste Packer of second degree robbery. (Pen. Code, 211, 212.5, subd. (c).)[1] The trial court found true allegations that defendant was a second-strike offender (id., 667, subds. (b)-(i), 1170.12) and had a prior serious felony conviction (id., 667, subd. (a)) and three prior convictions for which he had served prison terms (id., 667.5, subd. (b)). Citing section 1385, the court struck or stayed (the record is conflicting) one of the prison priors and sentenced defendant to 13 years in prison. On appeal, defendant contends that there was insufficient evidence to convict him of robbery, that the trial court abused its discretion in excluding certain testimony, that it abused its discretion in denying his mistrial motion, that the cumulative effects of its rulings on the evidentiary and mistrial issues violated his due process rights, and that it abused its discretion in denying his new trial motion. Court affirm the judgment.
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