What is the test for using a prior felony conviction as evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Burdine, 160 Cal.Rptr. 375, 99 Cal.App.3d 442 (Cal. App. 1979):

The purpose of the use of a prior felony conviction is to impeach credibility; thus, the first factor which the trial court must evaluate is whether the prior felony reflects adversely on an individual's honesty or veracity; if it does, the degree of probative value of the conviction must be determined. Second, the trial court must consider the nearness or remoteness in time of the prior conviction. (People v. Spearman, 25 Cal.3d 107, 114, 157 Cal.Rptr. 883, 599 P.2d 74.) Some felonies, such as perjury, are intimately connected with that issue; others, such as robbery or burglary are somewhat less [99 Cal.App.3d 449] relevant. As was explained in Fries, "(a) prior robbery conviction involves factors that reflect on honesty (the theft) And

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