Can a criminal defendant who takes the stand in his own trial be impeached with a conviction that had been expunged pursuant to section 1203.4 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from People v. Field, 31 Cal.App.4th 1778, 37 Cal.Rptr.2d 803 (Cal. App. 1995):
4 This rule does not apply to a criminal defendant who takes the stand in his own trial; such a defendant may be impeached with a conviction that had been expunged pursuant to section 1203.4. (See Evid.Code, 788, subd. (c); People v. James (1940) 40 Cal.App.2d 740, 746, 105 P.2d 947.)
5 Appellate counsel refers to the following two provisions of Proposition 8:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
What is the effect of qualifying words and phrases in section 667.6, subdivision (d) of the California Criminal Code, when a defendant is convicted of assault with intent to commit mayhem under Section 220 of the Code of Civil Procedure? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does section 1170(d)(1) of the California Criminal Code give the trial court authority to resent the sentence of a defendant pursuant to Section 1170 of the Criminal Code? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
