P. v. Mims
Filed 2/24/06 P. v. Mims CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. JAMES D. MIMS, Defendant and Appellant. | B179875 (Los Angeles County Super. Ct. No. BA253200) |
| In re JAMES MIMS, on Habeas Corpus. | B187522 |
APPEAL from a judgment of the Superior Court of Los Angeles County, Tricia Ann Bigelow, Judge. Affirmed.
Petition for Writ of Habeas Corpus. Writ denied.
Law Offices of John F. Schuck and John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Ana R. Duarte and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
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James D. Mims appeals from judgment entered following a jury trial in which he was convicted of first degree burglary (Pen. Code, § 459). In addition, the court found that he had suffered three prior serious or violent felonies within the meaning of Penal Code sections 1170.12, subds. (a) – (d) and 667, subds. (b) – (i), three serious felony convictions within the meaning of Penal Code section 667, subdivision (a)(1), and had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Appellant was sentenced to prison for a total of 40 years to life. He contends the trial court committed prejudicial error in an evidentiary ruling and in its instructions to the jury. He also filed a Petition for Writ of Habeas Corpus alleging prosecutorial misconduct. For reasons explained in the opinion we affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
On September 10, 2003 at approximately 1:00 p.m., Eric Payne returned to his apartment on Hollywood Boulevard, put his key in the lock to the back door and noticed the dead bolt was on. Mr. Payne was surprised and walked around to the front door to enter that way. While he was walking up the stairs, he heard a â€
