Is a prior conviction for a crime committed by the same person remote in time for impeachment purposes admissible?

California, United States of America


The following excerpt is from People v. Jones, C049276 (Cal. App. 5/21/2007), C049276 (Cal. App. 2007):

"[C]onvictions remote in time are not automatically inadmissible for impeachment purposes. Even a fairly remote prior conviction is admissible if the defendant has not led a legally blameless life since the time of the remote prior." (People v. Mendoza, supra, 78 Cal.App.4th at pp. 925-926.) That is the case here. Although defendant's subsequent offenses were not felonies, they nevertheless show he remained untrustworthy.

Furthermore, although the trial court mentioned only remoteness in denying defendant's motion, we do not conclude from this that the court considered only this factor. Absent a contrary showing, we assume official duty has been regularly performed (Evid. Code, 664; People v. Frye (1994) 21 Cal.App.4th 1483, 1486) and the trial court considered all relevant factors.

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