P. v. Howe
Fred Howe appeals his conviction for possessing counterfeiting apparatus and forgery. He argues the trial court abused its discretion when it: (1) overruled his continuing objection to prior act evidence; (2) did not strike the prior act evidence; and (3) failed to sua sponte instruct the jury to disregard such evidence. He also asserts that a unanimity instruction should have been given on the count for possessing counterfeiting apparatus, and that the sentence on the forgery conviction should have been stayed pursuant to Penal Code section 654. (Undesignated statutory references are to the Penal Code.) In his petition for writ of habeas corpus, Howe contends his trial counsel provided ineffective representation by failing to ask that the prior act evidence be stricken and the jury instructed to disregard the evidence. We reject Howe's arguments, affirm the judgment and deny his habeas corpus petition.
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