In what circumstances will a jury not be permitted to learn of a prior criminal conviction?

California, United States of America


The following excerpt is from People v. Evans, F074474 (Cal. App. 2018):

Similarly, People v. Gallinger (1963) 212 Cal.App.2d 851, explained that, in a crime such as burglary with a prior conviction of burglary, the prior burglary conviction is not related to the present burglary and the jury must not be permitted to learn of it if the defendant admits it; in contrast "whenever the fact of a felony conviction is an element of the offense," as in the offense of felon in possession of a firearm, "the defendant could never be convicted without evidence before the trier of fact that the conviction had been suffered." (Id. at pp. 854-855; see People v. Davenport (1962) 210 Cal.App.2d 335, 340-341 [when prior felony conviction is element of offense, it "must be proved independently of any attempted admission"].)

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