P. v. Dison
Defendant and appellant Donald Ray Dison was charged with criminal threats (Pen. Code, 422, count 1), being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1), count 2), discharging a firearm at an inhabited dwelling (Pen. Code, 246, count 3), and resisting arrest (Pen. Code, 69, counts 4-6). It was alleged as to count 3 that defendant personally used a firearm (Pen Code, 667, 1192.7, subd. (c)(8)). In addition, it was alleged that he had two prior serious felonies (Pen. Code, 667, subd. (a)), two prior prison terms (Pen. Code, 667.5, subd. (b)), and two prior strike convictions (Pen. Code, 667, subd. (c) & (e)(2)(A), 1170.12, subd. (c)(2)(A)). The People dismissed the charge in count 1 before trial. A jury subsequently found defendant guilty of being a felon in possession of a firearm, discharging a firearm at an inhabited dwelling, and one count of misdemeanor resisting arrest (Pen. Code, 148, subd. (a) (1)). The jury was deadlocked on the other two resisting arrest charges, so the court declared a mistrial on those two counts. The jury found the personal firearm use enhancement to be true. Defendant admitted all of the prior conviction and prison prior allegations. The trial court sentenced him to a total prison term of 35 years to life. On appeal, defendant contends: 1) the trial court erred in admitting a statement from a witness at the scene who did not testify at trial, thereby violating defendants Sixth Amendment confrontation rights; and 2) the court abused its discretion by refusing to strike one of his strike convictions. Court affirm.
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