What is the test for excluding evidence of a prior misdemeanor conviction?
California, United States of America
The following excerpt is from People v. Zupan, C055579 (Cal. App. 8/22/2008), C055579 (Cal. App. 2008):
As defendant noted in his motion to exclude evidence of his prior misdemeanor conviction, misdemeanor conduct generally "is a less forceful indication of immoral character or dishonesty than is a felony." (People v. Wheeler (1992) 4 Cal.4th 284, 296.) Here, the misdemeanor had been expunged 10 years before trial, further weakening its probative value.
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