P. v. Gomez
A jury convicted defendant Hobert Mejia Gomez of assault with a deadly weapon and attempting to make a criminal threat. The trial court sentenced him to three years in state prison for the assault and an additional one year concurrent term on the attempt. Defendant claims the trial court committed reversible error by allowing the prosecution to impeach him with a prior Florida burglary conviction and by the manner in which it sanitized reference to that conviction.
He also asserts two sentencing error claims. First, defendant argues the assault and the threat were part of a single criminal act, and the trial court violated Penal Code section 654, subdivision (a) by failing to stay the sentence on count 2. Second, he claims the trial court shorted him a day in calculating his custody credits.
The Attorney General concedes defendants sentencing claims have merit. In light of these concessions, Court modify defendants sentence. However, we conclude no error occurred in the use of defendants prior Florida conviction to impeach him and affirm his conviction.
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