Does the Attorney General have the authority to instruct a jury to infer that a defendant has been convicted of misconduct in a public office?

California, United States of America


The following excerpt is from People v. Provencio, F069577 (Cal. App. 2016):

People v. Jennings, supra, 81 Cal.App.4th at p. 1315.) We agree with the Attorney General that the jury likely inferred defendant, having been convicted, incurred some form of punishment. This was not a situation in which defendant's prior criminal conduct did not result in a criminal conviction, thus increasing the danger the jury in the present case might be inclined to punish defendant for the uncharged misconduct. (See People v. Ewoldt (1994) 7 Cal.4th 380, 405.)

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