P. v. Conway
Edward Demond Conway appeals from the judgment entered upon his convictions by jury of assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1), count 1)[1]possession of a firearm by a felon ( 12021, subd. (a)(1), count 2), carrying a concealed firearm ( 12025, subd. (a)(2), count 3), carrying a loaded firearm in a public place ( 12031, subd. (a)(1), count 4) and possession of ammunition by a felon ( 12316, subd. (b)(1), count 5). The jury also found to be true the allegation in connection with count 1 that appellant personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). Appellant admitted having suffered a prior serious felony within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i) and two prior prison terms within the meaning of section 667.5, subdivision (b). The trial court sentenced him to an aggregate state prison term of 15 years four months. Appellant contends that (1) the trial court erred in allowing evidence of threats received by an eyewitness, depriving him of his constitutional rights to a fair trial and due process, (2) the trial court erred in limiting defense counsels cross-examination of the victim, depriving him of his constitutional rights to confront and cross-examine his accuser, to a fair trial, to due process and to present a defense, (3) the trial court erred in refusing to strike evidence of the contents of appellants backpack, thereby depriving him of his constitutional rights to a fair trial and to due process, (4) the errors at trial cumulatively require reversal, and (5) the prior prison term sentences must be stricken. Court strike the two prior prison terms and otherwise affirm.
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