Is appellant entitled to a new trial for assault, assault with a deadly weapon and marijuana possession?

California, United States of America


The following excerpt is from People v. Valdez, 177 Cal.App.3d 680, 223 Cal.Rptr. 149 (Cal. App. 1986):

Finally, any doubt whether appellant should receive a new trial must be resolved in his favor when we consider the erroneous admission of his three prior felony convictions for burglary, assault with a deadly weapon and marijuana possession for impeachment purposes. If appellant had testified without impeachment by the prior convictions (as the majority acknowledges we must assume in assessing prejudice) and if he had been allowed to call his expert as a defense witness, it is reasonably probable the verdict would have been different even under the standard of People v. Watson (1956) 46 Cal.2d 818, 299 P.2d 243. The case against appellant was entirely circumstantial; the victim could not identify her assailant and could only describe him as "Mexican" and smelling of garlic. There was testimony that other workers in the garlic shed would have smelled of garlic.

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