What is the difference between knowing that a defendant in a theft case has a prior conviction for theft and not knowing?

California, United States of America


The following excerpt is from People v. Penn, E041831 (Cal. App. 11/26/2007), E041831 (Cal. App. 2007):

While defendant correctly notes that at least one court has found that the difference between knowing that a defendant in a theft case has a prior conviction for theft and not knowing "is huge" (People v. Fritz (2007) 153 Cal.App.4th 949, 961-962), defendant's point ignores the fact that this is not a case about admissibility of such evidence. Here, the court properly admitted evidence of defendant's prior convictions for impeachment purposes. Thus, the fact of defendant's prior convictions would have come in regardless of any Evidence Code sections 1101, subdivision (b) or 352 analyses. The question here is not whether the jury should have been exposed to defendant's convictions, but what use they were permitted to make of that knowledge. Based on the testimony of all the witnesses, we believe it reasonably probable that the jury would have reached the same verdict had it been correctly instructed by the court.

Other Questions


When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (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)
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)
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)
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)
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)
When a defendant is convicted of murder, and has a prior strike conviction, can he be sentenced to a second life term? (California, United States of America)
What is the test required by the California Supreme Court to convict a defendant of a prior felony conviction? (California, United States of America)
Does a prior auto theft conviction need to be treated as a "felony involving theft"? (California, United States of America)
What is the difference between a prior conviction for assault and a subsequent criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.