P. v. Lara
After trial, a jury convicted defendant Joe Manuel Lara of two counts of attempting by means of threats and violence to deter and prevent two executive officers from performing their legal duties and resisting the officers performance by force and violence. (Pen. Code, 69, count 1 (Roy Gutierrez); count 2 (Shawn Wynn).) In the jurys absence, defendant admitted having served separate prison terms for prior felony convictions of unauthorized use of tear gas and sale of phencyclidine (PCP). (Pen. Code, 667.5, subd. (b).) After a court trial, the court found that defendant had served a separate prison term following a felony conviction of battery on a peace officer. The court sentenced defendant to prison for three years, consisting of the midterm of two years on count 1, enhanced by one year for a prison prior with two years concurrent on count 2. The court struck the other two prison prior enhancements pursuant to Penal Code section 1385.
On appeal, defendant challenges the admission of evidence of two of his prior convictions. They were admitted to test the testimony given by defendants sister about his character for violence. Defendant also asks us to review the trial courts ruling under Pitchess v. Superior Court (1974) 11 Cal.3d 531. For the reasons stated below, Court affirm the judgment, finding no error.
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