California, United States of America
The following excerpt is from People v. Banks, B245223 (Cal. App. 2014):
The situation in this case was similar. Defendant had only one prior felony conviction available for impeachment. Excluding that conviction would have allowed him a "false aura of veracity." The trial court implicitly concluded the prejudicial impact did not outweigh the conviction's probative value. We find no abuse of discretion. We also find no abuse of discretion in the trial court's conclusion that a vague description of the prior conviction could be more prejudicial than identifying it as a robbery. "It is clear that the court engaged in a weighing process, that it exercised discretion" in deciding that identifying the prior conviction as a robbery was more appropriate than sanitizing it as a serious felony theft involving moral turpitude. (People v. Little (2012) 206 Cal.App.4th 1364, 1379 [trial court's failure to sanitize a prior theft-related conviction by describing it
Page 12
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.