Is a defendant entitled to appellate review of his prior convictions for purposes of impeachment?

California, United States of America


The following excerpt is from People v. Muldrow, 202 Cal.App.3d 636, 248 Cal.Rptr. 891 (Cal. App. 1988):

Defendant contends that, since defense counsel objected to admission of defendant's priors for purposes of impeachment, he is entitled to appellate review in accord with the procedure set forth in People v. Collins, supra, 42 Cal.3d 378, 228 Cal.Rptr. 899, 722 P.2d 173. 2 For reasons hereinafter set forth, we disagree.

In People v. Collins, supra, 42 Cal.3d 378, 228 Cal.Rptr. 899, 722 P.2d 173, the court formulated a procedure for review of the admission of prior convictions in pre-Castro cases. The appellate court is to first decide whether the prior convictions are admissible or excludable, in the trial court's discretion, or inadmissible as a matter of law. If the priors are admissible, subject to the trial court's discretion, and the defendant did not testify, the court should reverse the judgment and remand the cause to allow the trial court to both exercise its discretion and determine prejudice. (People v. Fulcher (1987) 194 Cal.App.3d 749, 754, 236 Cal.Rptr. 845.)

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