P. v. Briggs
Appellant/defendant Irvin Lee Briggs was involved in an argument with two men. He obtained a semiautomatic handgun and fired multiple shots at them while they were in the parking lot of a commercial business. No one was injured from the gunshots.
Defendant was charged and convicted of count II, discharging a firearm at an inhabited dwelling house or occupied building (Pen. Code[1], § 246); count III, possession of a firearm by a felon (§ 12021, subd. (a)(1)); and count IV, assault with a firearm (§ 245, subd. (a)(2)), with an enhancement for personally using a firearm (§ 12022.5, subd. (a)). The jury found him not guilty of count I, attempted murder, and deadlocked on the lesser included offense of attempted voluntary manslaughter. As to all counts, the court found he had a prior serious felony conviction (§ 667, subd. (a)), one prior strike conviction (§§ 667, subds. (b)-(e) & 1170.12, subds. (a)-(e)), and served four prior prison terms (§ 667.5, subd. (b)). He was sentenced to an aggregate second strike term of 23 years.
On appeal, defendant contends the trial court abused its discretion when it permitted the prosecution to impeach his trial testimony with his prior conviction for robbery in 2000. Defendant contends the evidence was prejudicial, the prior conviction was remote to the charged offenses, and the court should have sanitized the nature of the offense. We affirm.
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