P. v. Powers CA4/1
Defendant Randy A. Powers appeals from a judgment of conviction after a jury convicted him of robbery, based on his taking a pair of slippers out of a CVS store and behaving in a threatening manner toward an assistant manager in doing so.
On appeal, Powers contends that the trial court erred in allowing the prosecutor to rehabilitate the assistant manager by introducing, on redirect examination, portions of the assistant manager's testimony from the preliminary hearing that were consistent with the assistant manager's trial testimony. Powers asserts that these statements were not properly admissible under Evidence Code section 791, the provision on which the prosecutor and court relied in admitting them.
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