Can evidence that a witness has been convicted of a felony be used to attack his credibility?

California, United States of America


The following excerpt is from People v. Padilla, D073939 (Cal. App. 2019):

also 788 [evidence that a witness has been convicted of a felony may be admitted to attack his credibility].) This provision " ' "authorizes the use of any felony conviction which necessarily involves moral turpitude, even if the immoral trait is one other than dishonesty." ' " (People v. Edwards (2013) 57 Cal.4th 658, 723-724.) Admission of a prior felony conviction for impeachment purposes is subject to the trial court's exercise of discretion under section 352. (Id. at p. 723.)

" 'The scope of inquiry when a criminal defendant is impeached with evidence of a prior felony conviction does not extend to the facts of the underlying offense.' " (People v. Shea (1995) 39 Cal.App.4th 1257, 1267.) Thus, "[e]vidence of prior felony convictions offered for this purpose is restricted to the name or type of crime and the date and place of conviction." (People v. Allen (1986) 42 Cal.3d 1222, 1270.) The trial court therefore may exercise its discretion to "sanitize" the prior convictions; i.e., allow impeachment with felonies involving moral turpitude without allowing the jury to know the specific crimes resulting in the convictions. (People v. Sandoval (1992) 4 Cal.4th 155, 177-178.)

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