P. v. Cole
A jury convicted Glenn Osie Cole of intimidating a witness by force (Pen. Code,[1] 136.1, subd. (c)(1)); making a criminal threat ( 422) and battery ( 242). Cole admitted four prison priors within the meaning of section 667.5, subdivision (b), one serious felony prior conviction within the meaning of section 667, subdivision (a)(1) and two serious/violent (strike) prior felony convictions within the meaning of section 667, subdivisions (b) through (i). At sentencing the trial court struck the prison priors and the strike priors and imposed a determinate term of nine years in prison.
Cole appeals contending the trial court erred when it denied his motion for mistrial after a prosecution witness mentioned that Cole had previously been in prison. Court will find no abuse of discretion and affirm the judgment.
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