Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges?

California, United States of America


The following excerpt is from People v. Leonard, C074430 (Cal. App. 2014):

Although the identity of the prior convictions to the current charges is to be considered by the trial court, such identity does not preclude use of those priors because "[n]o witness including a defendant who elects to testify in his own behalf is entitled to a false aura of veracity. The general rule is that felony convictions bearing on veracity are admissible." (People v. Beagle (1972) 6 Cal.3d 441, 453.) The trial court has discretion to allow use of prior convictions identical to the current charges when other factors weigh in favor of admission. (Green, supra, 34 Cal.App.4th at p. 183; People v. Muldrow (1988) 202 Cal.App.3d 636, 646-647 (Muldrow).)

"There is no automatic limitation on the number of priors admissible for impeachment" and whether more than one should be admitted is just one factor the trial court considers in weighing prejudice. (People v. Dillingham (1986) 186 Cal.App.3d 688, 695.)

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