People v. Allums

Opinion

BRAY, J. *

Defendant appeals from a judgment of the Alameda County Superior Court after a jury verdict convicting him of violation of Penal Code, section 245, subdivision (b) (assault with a deadly weapon upon a police officer).

Issues Presented

1) When a charge requires that the accused be armed with a deadly weapon, it is error to adjudge being armed as an independent matter.

2) Section 1025 of the Penal Code does not prohibit admission of evidence of an admitted prior conviction when evidence of the crime is admitted for a limited purpose under Evidence Code section: 1101, subdivision…