Does a defendant have to be impeached for a previous conviction for burglary?

California, United States of America


The following excerpt is from People v. Ramos, F069816 (Cal. App. 2016):

In People v. Coleman (1979) 89 Cal.App.3d 312, 319-320, the appellate court held the trial court did not abuse its discretion in permitting the defendant to be impeached with a recent prior conviction for burglary, even though the defendant was on trial for burglary. (Id. at p. 320.) The court reasoned "There is not a substantial likelihood that a jury would misuse the felony conviction evidence and conclude that because defendant committed a burglary with intent to commit theft at some point in the past, he therefore committed the burglary charged of an entry into the victim's home with the intent to commit rape." (Ibid.)

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