California, United States of America
The following excerpt is from People v. Campbell, 23 Cal.App.4th 1488, 28 Cal.Rptr.2d 716 (Cal. App. 1994):
12 As defendant notes, the fourth prong of the Muldrow test--whether the fear of being impeached will prevent the defendant from testifying--does not apply here because the trial court reserved its ruling on the admissibility of the prior until after defendant had testified. Although this procedure is not customary or desirable, it is not error. (People v. Washington (1989) 211 Cal.App.3d 207, 214, 259 Cal.Rptr. 307.)
13 Arguing to the contrary, defendant quotes language from People v. Wheeler (1992) 4 Cal.4th 284, 14 Cal.Rptr.2d 418, 841 P.2d 938 to the effect that certain crimes are "less forceful indicator[s] of immoral character" than others. (Id. at p. 296, 14 Cal.Rptr.2d 418, 841 P.2d 938.) The crimes so described in Wheeler are misdemeanors, which the court contrasted to felonies in this regard. (Ibid.) Far from holding that some felonies do more to prove "immoral character" than others, as defendant suggests, Wheeler impliedly rejects any such line-drawing.
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