People v. Talbott CA2/8

Filed 6/16/16 P. v. Talbott CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B262869

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA099983) v.

KENNETH TALBOTT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Gary J. Ferrari, Judge. Affirmed.

A. William Bartz, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr. and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________

After a jury found defendant Kenneth Talbott guilty of assault with a deadly weapon, he admitted suffering two prior convictions alleged as enhancements pursuant to the Three Strikes law.1 On appeal, he contends: (1) he was denied the right to present a complete defense by the ruling allowing the victim, called as a defense witness, to invoke his Fifth Amendment privilege against self-incrimination and (2) it was an abuse of discretion to deny defendant’s Romero motion to dismiss one of the two Three Strikes priors in the interests of justice.2 We affirm. PROCEDURAL BACKGROUND Defendant was charged by amended information with assault with a deadly weapon (§ 245, subd. (a)(1)). Sentence enhancements for a 1983 conviction for forcible rape and a 1999 conviction for voluntary manslaughter were alleged pursuant to the Three Strikes law, section 667, subdivision (a)(1), and section 667.5, subdivision (b). A jury found defendant guilty of the substantive offense. Defendant subsequently admitted the prior conviction allegations. After denying defendant’s motion for new trial and Romero motion to dismiss the 1983 Three Strikes prior, the trial court sentenced defendant to a total of 30 years to life in prison, comprised of 25 years to life pursuant to the Three Strikes law, plus a consecutive 5 years pursuant to section 667, subdivision (a)(1). The trial court struck the section 667.5, subdivision (b) enhancement. Defendant timely appealed. FACTS A. The People’s Case Viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357), the evidence established that at about 1:30 p.m. on August 15, 2014, defendant and victim Gregory Powell were arguing in the street in front of the