P. v. Gonazles

Filed 4/5/06 P. v. Gonazles CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE

APPEAL from a judgment of the Superior Court of Los Angeles County, Marsha N. Revel, Judge. Affirmed.

Mark S. Givens, 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, Lawrence M. Daniels and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

A jury convicted defendant and appellant Ray Gonzales of assault with a deadly weapon and receiving stolen property. On appeal, he contends, first, that the counts were improperly joined for trial, and, second, that the prosecutor committed Griffin^[1] error. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Factual background.

a. Defendant assaults Ramiro Cisneros Irdon on March 3, 2002.

During the morning of March 3, 2002, Ramiro Cisneros Irdon left his apartment to get something to eat. When he came back, there was damage to some apartment doors, including his. Defendant, who lived in the same apartment building as Irdon, did not have any damage to his door. While Irdon was watching television, he heard yelling outside. Defendant kicked in Irdon's door and stabbed him with a knife. Irdon ran to Alejandro Jimenez's house across the street. Defendant followed Irdon, but soon left. Jimenez saw defendant at his gate, and Irdon told Jimenez, â€