State v. Escalona

Alberto Escalona appeals his conviction for second degree assault with a deadly weapon. His sole claim on appeal is that the trial court erred in denying his motion for a mistrial when the victim testified regarding Escalona's "record."

Alberto Escalona was charged with second degree assault while armed with a deadly weapon, a knife. Prior to trial, the court granted a defense motion in limine to exclude any mention or reference to Escalona's prior conviction for precisely the same crime.

Phillipe Vela testified that Escalona lived with him in his apartment for 8 or 10 days, and then Vela asked…