P. v. Taylor
Defendant and appellant appeals from a judgment after a jury trial in which he was convicted of several offenses arising out of two separate robberies of the same victim. On appeal, defendant contends the prosecutor committed misconduct by eliciting testimony previously ruled inadmissible regarding defendants prior crimes. While we question the propriety of the prosecutors questioning of the witness given the trial courts ruling excluding the evidence, Court conclude any error was harmless in light of the overwhelming evidence against defendant. Defendant next contends the evidence was insufficient to support his conviction of one count of criminal threats. As there is no evidence that defendants threat to burn down the victims house was a threat to commit a crime resulting in death or great bodily injury, Court agree and reverse the judgment of conviction with respect to this count. Additionally, defendant contends the evidence was insufficient to support one of his eight prior prison term enhancements; the prosecution concedes the error. Finally, defendant contends he was awarded insufficient presentence credit. As defendant stipulated to the amount of credit at trial, and has failed to meet his burden of establishing any error, Court find no merit to the contention. In sum, Court reverse the judgment of conviction with respect to one count of criminal threats and strike one prior prison term enhancement. In all other respects, Court affirm.
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