People v. Bonilla

Opinion

WOODS, P. J.

Manuel Bonilla is appealing his conviction for assault with a deadly weapon (Pen. Code, § 245, subd. (a)) with an enhancement for intentional infliction of great bodily injury (Pen. Code, § 12022.7). He contends: I. The trial court erroneously ruled that he could be impeached with a prior conviction for assault with intent to commit rape in the event that he testified, n. Trial counsel was ineffective for failing to object to his appearing in jail clothes, failing to present any argument in mitigation at sentencing, and failing to request a limiting instruction on use of the prior felony conviction. HI. The evidence was insufficient to justify his conviction.

We find no reversible error, and therefore affirm.

The evidence showed that the victim, James Miller, was at a party with his friend Quint Hester on the evening of April 16, 1983. There, Miller saw appellant, whom he did not then know, with a man named “Boo,” whom Miller had occasionally seen in the past.

[204]

Miller and Hester left the party around 2:30 a.m. They saw appellant, who had a six-foot long pipe, and “Boo,” who had a four-foot long stick

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walking down the street speaking “gang talk.” Miller and Hester laughed at them.

Appellant and Boo followed Miller and Hester to Miller’s home. Hester went inside. Boo called Miller over and asked him for a cigarette. He gave him the cigarette and asked appellant if he wanted one, but received no answer. As Miller turned to enter the house, he saw the pipe in appellant’s hands coming toward him. Appellant hit Miller several times in the head with the pipe, knocking him out.

Hester came out of the house and saw Miller lying unconscious on the ground. The police were called and Hester gave them descriptions of the two men, including their clothing.

The officers cruised the area and saw two suspects matching the description. One of those suspects was appellant. He was detained with the other man. Hester was transported to the location and identified appellant, who was arrested.