Does the error of bringing a prior conviction to the attention of the jury compel reversal of a finding of guilty?

California, United States of America


The following excerpt is from People v. Brashear, 271 Cal.App.2d 306, 76 Cal.Rptr. 485 (Cal. App. 1969):

There is dictum in People v. Rolon, Supra, 66 Cal.2d 690, 693--694, 58 Cal.Rptr. 596, 598, 427 P.2d 196, 198, that the error need not compel reversal 'in the light of a record which points convincingly to guilt.' Accepting that as a correct statement of the law, we believe that the error of bringing the prior conviction to the attention of the [271 Cal.App.2d 312] jury, in the absence of any purpose of prejudicing the jury, should be reviewed in the light of section 13 of article VI of the California Constitution. 1

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