Can a prior felony conviction be used to impeach the appellant?

California, United States of America


The following excerpt is from People v. Stewart, 140 Cal.App.3d 11, 189 Cal.Rptr. 141 (Cal. App. 1983):

The court ruled that if the appellant took the stand, a 1973 prior felony conviction could be used to impeach him. The appellant did not testify. He argues on appeal that the court treated the matter summarily by not balancing the factors required by People v. Beagle (1972) 6 Cal.3d 441, 99 Cal.Rptr. 313, 492 P.2d 1. Counsel did not make a Beagle objection at trial. In fact, his only objection to the use of the prior felony as impeachment was his contention that the felony had been reduced to a misdemeanor.

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