P. v. Ross
Already burdened with two prior felony convictions that counted as strikes, in January and February 2005, defendant Kelvin Deshawn Ross went on a one-man crime spree in Contra Costa County, resulting in an information charging him with 31 offenses. He was subsequently convicted by a jury of 23 of those offenses: eight counts of second degree robbery (Pen. Code, 212, 212.5[1]), seven of which involved use of a firearm ( 12022.5, 12022.53); two counts of attempted robbery ( 211, 664); nine counts of second degree burglary ( 459-460); and four counts of being a past-convicted felon in possession of a firearm ( 12022.1, subd. (a)(1)). Thereafter, the trial court sustained six enhancement allegations: two serious felony convictions ( 667, subd. (a)(1)), two prior felony convictions for which defendant had served a prison term, ( 667.5, subd. (b)), and two prior felony convictions for kidnapping and robbery that qualified as strikes ( 667, subds. (b)-(i), 1170.12). Defendant presents a single claim of error: The trial court abused its discretion by denying in part defendants motion for leave to present evidence that some other person had in fact committed a limited number of the offenses charged. Court conclude that the trial courts ruling was not an abuse of discretion, and Court affirm.
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