Can a defendant preclude the introduction into evidence of a prior conviction for possession of a firearm?
California, United States of America
The following excerpt is from People v. Black, 158 Cal.Rptr. 449, 96 Cal.App.3d 846 (Cal. App. 1979):
Where the prior conviction is an element of the charged offense, the defendant may not preclude its introduction into evidence by [96 Cal.App.3d 854] admitting the felony conviction out of the presence of the jury; the prior conviction as well as the possession of a firearm must be proved and determined by the jury. (People v. Faulkner (1972) 28 Cal.App.3d 384, 393, 104 Cal.Rptr. 625.)
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