People v. McMahan

Opinion

BUCKLEY, J.

John E. McMahan appeals from a conviction by jury trial of a violation of Penal Code section 220, 1 assault with intent to commit rape, and from the jury’s finding in a bifurcated proceeding, that he suffered two prior convictions within the meaning of section 667, subdivision (a). 2 He contends the prosecution failed to meet its burden of proving the elements of the prior conviction from the State of Missouri as an enhancement. McMahan also argues the trial court erred in imposing the fíne under section 290.3 without first determining he had the ability to pay the fine. We…