People v. Rios CA5

Filed 10/19/21 P. v. Rios 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080813 Plaintiff and Respondent, (Super. Ct. No. F19900231) v.

JOSE MIGUEL RIOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Kristi Culver Kapetan, Judge. Jake Stebner, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill and F. Matt Chen, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Defendant Jose Miguel Rios stands convicted of a misdemeanor and three felonies, including possession of a firearm by a felon. He contends on appeal that the prosecutor engaged in misconduct by causing the jury to discover that defendant was a convicted felon when he included a reference to defendant’s felon status in a verdict form after the parties stipulated that defendant was a felon and agreed to omit any reference to defendant’s felon status.1 The People acknowledge that it was inconsistent with the trial court’s in limine ruling to include defendant’s felony status in a verdict form, however, they contend that any error was harmless. We affirm. PROCEDURAL SUMMARY On September 24, 2019, the Fresno County District Attorney filed an information charging defendant with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1);2 count 1), two counts of possession of ammunition by a person prohibited from owning a firearm (§ 30305, subd. (a)(1); counts 2 & 3), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 4). The information further alleged that defendant had served two prior prison terms (§ 667.5, subd. (b)). On January 7, 2020, the parties stipulated that defendant had suffered a felony conviction within the last 10 years and was therefore not permitted to possess a firearm or ammunition. On January 8, 2020, a jury found defendant guilty on all counts. On the same date, the trial court dismissed the prior prison term allegations on the People’s motion.