How have the courts treated a motion to exclude an arsonist's prior arson conviction?
California, United States of America
The following excerpt is from People v. Miles, 153 Cal.App.3d 652, 200 Cal.Rptr. 553 (Cal. App. 1984):
Before trial, pursuant to People v. Beagle, supra, 6 Cal.3d 441, 99 Cal.Rptr. 313, 492 P.2d 1, defense counsel moved to exclude appellant's prior arson conviction. The trial court denied the motion based on its interpretation of section 28, subdivision (f) of article I of the state Constitution (hereafter section 28) as adopted on June 8, 1982, as part of Proposition 8. 1
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