Is a defendant permitted to stipulate to his status as an ex-felon to preclude introduction of evidence of his prior conviction?

California, United States of America


The following excerpt is from People v. Karis, 250 Cal.Rptr. 659, 46 Cal.3d 612, 758 P.2d 1189 (Cal. 1988):

Defendant contends that this ruling was error, relying on this court's decision in People v. Hall (1980) 28 Cal.3d 143, 167 Cal.Rptr. 844, 616 P.2d 826. Hall is not dispositive, however. In that case the defendant, an ex-felon, was charged with robbery and with violating section 12021, which prohibits possession of a concealable firearm by an ex-felon. He offered to stipulate to his status as an ex-felon, an element of the offense, and thereby preclude introduction of evidence of his prior conviction. The trial court refused to permit the stipulation, and evidence of a prior conviction for robbery was introduced. We held that this was error: "[I]f a defendant offers to admit the existence of an element of a charged offense, the prosecutor must accept that offer and refrain from introducing evidence of other crimes to prove that element to the jury." (28 Cal.3d 143, 152, 167 Cal.Rptr. 844, 616 P.2d 826.)

Other Questions


Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
Is a defendant's prior hit and run conviction not an abuse of the court's discretion in admitting evidence of a prior hit-and-run conviction? (California, United States of America)
Can a defendant preclude the introduction into evidence of a prior conviction for possession of a firearm? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Does a defendant have a right to stipulate to the prior conviction and incarceration of a defendant under section 666 of the California Criminal Code? (California, United States of America)
What is the test for excluding evidence of prior convictions from the evidence of a defendant's criminal record? (California, United States of America)
Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
Can a defendant stipulate to the prior in order to preclude the jury from learning of the prior? (California, United States of America)
Is a defendant permitted to argue that the trial court erred by allowing introduction of testimonial details of prior convictions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.