Is a cautionary instruction required where evidence of a prior felony is admitted for the purpose of proving an element of a charged crime?

California, United States of America


The following excerpt is from People v. Black, 158 Cal.Rptr. 449, 96 Cal.App.3d 846 (Cal. App. 1979):

Appellant cites no relevant authority for his proposition that a cautionary instruction is required where evidence of a prior felony conviction is admitted for the purpose of proving an element of a charged crime. Cases which appellant cite relate to the introduction of evidence of former crimes to prove some fact other than the defendant's disposition to commit such acts (People v. Swearington (1977) 71 Cal.App.3d 935, 947, 140 Cal.Rptr. 5), or for the limited purpose of impeachment (People v. Mayfield (1972) 23 Cal.App.3d 236, 244, 100 Cal.Rptr. 104).

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