P. v. Emory
In case No. 05F02744, defendant Richard Warren Emory was convicted of robbery (Pen. Code, 211, count one)[1]with a true finding he personally used a deadly and dangerous weapon ( 12022, subd. (b)(1)), assault with a deadly weapon ( 245, subd. (a)(1), count two) and terrorist threats ( 422, count three). It was also found true that he had sustained a prior serious felony conviction ( 667, subds. (a), 667, subds. (b)-(i), 1170.12). After he was convicted in case No. 05F02744, in case No. 05F06663, defendant pled guilty to a felony failure to appear ( 1320.5) and admitted an enhancement that he was out of custody on a pending felony offense at the time he committed the current felony offense. ( 12022.1.) Defendant appeals these convictions, arguing the court violated his due process rights by permitting evidence of his prior bad acts, committed reversible error by misinstructing on the presumption of innocence and the burden of proof, and erred in finding his prior conviction in Iowa constituted a serious felony. In supplemental briefing, defendant contends there was insufficient evidence to support his robbery conviction because there was no taking of personal property from the person by force or fear. Court shall affirm.
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