Can a criminal conviction under section 25400, subdivision (a)(1) of the California Criminal Code be impeached?

California, United States of America


The following excerpt is from People v. Franklin, C083294 (Cal. App. 2018):

Prior to trial, the prosecution filed a written motion in limine seeking to impeach defendant with his 2013 misdemeanor conviction. The prosecution cited People v. Aguilar (2016) 245 Cal.App.4th 1010, which concluded that a felony conviction under section 25400, subdivision (a)(1), is a crime of moral turpitude that may be used for impeachment, and determined the trial court did not abuse its discretion under Evidence Code section 352 in admitting the evidence. (People v. Aguilar, supra, at pp. 1019-1020.)

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