Does the court abused its power to impeach appellant with the fact of two misdemeanor convictions, rather than solely the fact that they were convicted of a crime against a minor?

California, United States of America


The following excerpt is from People v. Tingle, A153461 (Cal. App. 2019):

Appellant is correct that the court abused its discretion when it permitted the prosecution to impeach appellant with the fact of the two misdemeanor convictions themselves, rather than solely the conduct underlying the convictions. (See People v. Wheeler, supra, 4 Cal.4th at p. 288.)7 However, we need not definitively decide the additional questions raised by appellant: whether admission of the misdemeanor conviction evidence was more prejudicial than probative and/or whether the prosecutor's cross-examination and closing argument on this topic was excessive, because, considering the strength of the evidence against appellant presented at trial, any such error was necessarily harmless. (See People v. Watson (1956) 46 Cal.2d 818, 836 (Watson).)

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