Does a jury have to consider the fact that a defendant has been convicted of a prior felony prior to the robbery charge?

California, United States of America


The following excerpt is from People v. Gomez, 24 Cal.App.4th 22, 29 Cal.Rptr.2d 94 (Cal. App. 1994):

Relying on Walker v. Superior Court (1974) 37 Cal.App.3d 938, 942, 112 Cal.Rptr. 767, involving a similar combination of charges, he argues that allowing the jury to hear he was previously convicted of a felony was unduly prejudicial to its consideration of the robbery charge. He points out that he did not take the stand and the prior felony allegations were bifurcated, so the jury would not have known about any prior crimes except for the charge and instructions on section 12021. Further, he notes the court did not instruct the jury under CALJIC No. 2.50 to consider the prior felony solely to determine [24 Cal.App.4th 27] the section 12021 charge and not as evidence of bad character or a propensity for criminal activity.

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