Is a defendant's impeachment claim preserved for review at the appellate court because he did not testify at the guilt phase?
California, United States of America
The following excerpt is from People v. Sims, 20 Cal.Rptr.2d 537, 5 Cal.4th 405, 853 P.2d 992 (Cal. 1993):
The majority concludes that defendant's claim is not preserved for review because he did not testify at the guilt phase. The majority relies upon People v. Collins (1986) 42 Cal.3d 378, 383, 228 Cal.Rptr. 899, 722 P.2d 173, in which this court held that to preserve for appellate review a claim of error in a trial court ruling permitting impeachment with a prior felony conviction, the defendant must testify and suffer impeachment.
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