California, United States of America
The following excerpt is from People v. Adams, 149 Cal.App.3d 1190, 197 Cal.Rptr. 623 (Cal. App. 1983):
When appellant moved to exclude his prior burglary conviction, the trial court concluded that it was admissible under pre-Proposition 8 standards, but did not make any specific finding that the burglary was theft related. Since Proposition 8 does not apply retroactively (People v. Smith (1983) 34 Cal.3d 251, 193 Cal.Rptr. 692, 667 P.2d 149), the admissibility [149 Cal.App.3d 1194] of appellant's prior conviction must be resolved under the standard in effect at the time of the crime.
Appellant contends that the prosecution had the burden of showing that his prior burglary was theft related.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.