People v. Frantz CA5

Filed 2/2/16 P. v. Frantz CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F067901 Plaintiff and Respondent, (Super. Ct. No. F12904516) v.

KARL ADOLPH FRANTZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Hayes H. Gable III, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and John A. Bachman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION Appellant Karl Adolph Frantz was found guilty in 2013 of assault with a deadly weapon, with a true finding that he personally inflicted great bodily injury. He contends the trial court abused its discretion when it did not allow him to impeach a prosecution witness with her 2007 misdemeanor conviction for presenting a false claim for payment, a violation of Penal Code section 72. We disagree and affirm. FACTUAL AND PROCEDURAL SUMMARY Frantz was homeless prior to April of 2012, when he moved in with Steven Melrose and Melrose’s wife, Angel Smith. Frantz worked as a “sign shaker” at Melrose’s store, Cowboy Joe’s Smoke Shop. Smith owned a thrift store, which was next door to Cowboy Joe’s. Melrose testified that on the morning of June 19, 2012, Frantz was working as a sign shaker in front of Cowboy Joe’s and was drinking alcohol. Melrose did not want a “drunk” sign shaker and told Frantz he could not drink and be out front shaking the business sign. Melrose poured out the drink Frantz was holding; Frantz said nothing. Melrose said Frantz walked off down the street and returned a couple hours later. Frantz admitted he put vodka in a Slurpee cup. Frantz claimed that Melrose threw the drink “in my eyes and said something alluding to the fact of ‘You’re getting with my wife.… You’re threatening to turn us in for fraud. If you come back here, I will kill you.’” Frantz walked to a fire station. Officer Robert Lincoln responded to a 1:00 p.m. call of a man at the fire station claiming someone had thrown something in his eyes. Frantz told Lincoln he had been involved in an altercation with the owner of Cowboy Joe’s and the owner threw vodka in his face. Lincoln saw no signs of injury to Frantz or any liquid on his face or clothing. Frantz smelled of alcohol and displayed “objective symptoms of somebody that’s intoxicated. He had an odor of alcohol on his breath. He was very unsteady.” Lincoln told Frantz “that it would be in his best interest to stay away