How have the courts treated evidence of a confrontation with a gun at a convenience store prior to the robbery?

California, United States of America


The following excerpt is from People v. Davis, 42 Cal.App.4th 806, 49 Cal.Rptr.2d 890 (Cal. App. 1996):

13 We have read and considered the supplemental brief appellant filed personally on August 23, 1995. Therein, appellant complains of the use in evidence of the confrontation with the gun at the store on the Friday before the robbery was more prejudicial than probative and the prosecutor committed misconduct by eliciting prejudicial evidence about that incident. These contentions are without merit. There was no prosecutorial misconduct and the Friday incident was relevant to demonstrate the identity of the robbers and appellant's gun. In any event, any error was utterly harmless since the trial evidence so overwhelmingly established guilt. The verdict was not affected by that evidence. (People v. Watson (1956) 46 Cal.2d 818, 837, 299 P.2d 243.)

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