P. v. Whalum
A jury convicted defendant Artemis Lamont Whalum of assault with a deadly weapon on a peace officer (Pen. Code,[1] 245, subd. (c)) and two counts of resisting an officer by force or violence ( 69).[2] In a bifurcated bench trial, the court found true that Whalum had suffered three prison priors ( 667.5, subd. (b)), a serious felony prior ( 667, subd. (a)(1)) and a strike prior ( 667, subds. (b)-(i)). The court sentenced Whalum to 17 years 4 months in prison.
On appeal, Whalum raises two issues. First, he claims the trial court abused its discretion when it permitted him to be impeached with prior felony convictions because the prior convictions were not crimes of moral turpitude, were too remote in time from the charged offenses and were unduly prejudicial. Second, Whalum claims the trial court erred in failing to instruct sua sponte on the defenses of unconsciousness and accident. For the reasons discussed below, Court reject Whalum's claims and affirm the judgment of conviction.
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