Does the fact that a defendant has a history of previous convictions relating to theft-related crimes prejudice his defense?

California, United States of America


The following excerpt is from People v. Houts, E060242 (Cal. App. 2015):

admitted deliberately stealing the items from the Walmart; he simply denied doing so by force or with the use of a knife. Thus, the fact that the priors were theft-related did not unduly prejudice his defense. In fact, his attorney turned the priors to his advantage in closing argument, by arguing that they were all nonviolent and that defendant had demonstrated honesty by admitting them. In any event, "'[a]lthough the similarity between the prior convictions and the charged offenses is a factor for the court to consider when balancing probative value against prejudice, it is not dispositive.' [Citation.]" (People v. Edwards, supra, 57 Cal.4th at p. 722.)

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