P. v. Kessler CA3
Defendant Wesley William Kessler was charged by information with carrying a concealed dirk or dagger and misdemeanor resisting a peace officer with a prior strike and two prior prison terms. The trial court declared a mistrial after the jury could not reach a verdict. On retrial, the jury found defendant guilty on both counts and sustained one of the prison priors. The trial court declared a mistrial as to the other prison prior. Defendant admitted the second prison prior and strike, and the trial court imposed a five-year state prison term. Following defendant’s subsequent sentence in an unrelated case, he was sentenced to a total state prison term of 13 years four months. On appeal, defendant contends the admission of a prior uncharged incident of carrying a concealed weapon was an abuse of discretion and violated his due process right to a fair trial.
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