P. v. McAuliffe
Defendant terrorized his former girlfriend by leaving threatening telephone messages and firing a weapon outside the house in which she was staying. A jury convicted him of stalking (Pen. Code, 646.9, subd. (a) count 1; unspecified section references that follow are to the Penal Code), and making criminal threats ( 422 counts 2 5) and found that defendant used a firearm in making the threat alleged in count 5. ( 12022.5, subd. (a)(1)). The jury also convicted defendant of discharging a firearm in a grossly negligent manner ( 246.3 count 6), and being a convicted felon in possession of a firearm ( 12021 count 7), but acquitted him on another count charging possession of methamphetamine. (Health & Saf. Code, 11377.)
Sentenced to an aggregate prison term of 17 years, defendant appeals, challenging the validity of the firearm use enhancement in count 5 and his convictions on the firearm-related offenses in counts 6 and 7. Specifically, he asserts that the court erred in admitting evidence that defendant, when arrested, possessed another firearm, different from that involved in these charges. This evidence, he argues, was irrelevant and prejudiced the jury. Court conclude that any error was harmless.
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