People v. Buss

Opinion

STANIFORTH, J.

A jury convicted William Bryan Buss of the unlawful driving or taking of a vehicle (Veh. Code, § 10851). On appeal Buss asserts reversible error in that the trial court denied his pretrial

[783]

“Beagle”

(People

v.

Beagle

(1972) 6 Cal.3d 441 [99 Cal.Rptr. 313, 492 P.2d 1]) motion to exclude evidence (to be offered for impeachment purposes) of a 1974 Indiana felony conviction of auto theft. Buss did not testify in his own defense; he offered no explanation of his possession, driving, of a recently stolen automobile.

Discussion

Buss contends (1) the “prior” auto theft and the charged unlawful taking or driving of a vehicle constitute “the same or substantially similar” conduct and thereby created a “unique risk of undue prejudice and confusion of issues”

(People

v.

Antick

(1975) 15 Cal.3d 79, 97 [123 Cal.Rptr. 475, 539 P.2d 43]) which occurs when the prior convictions are admitted to impeach the credibility of a defendant who testifies, and (2) the adverse effect on the administration of justice when a defendant elects not to take the stand in order to keep information about his prior felony convictions from the jury.

(People

v.

Beagle, supra,

6 Cal.3d 441, 453.)

Evidence Code section 788 permits proof of a prior felony conviction for the purpose of impeaching the credibility of a witness. However, Evidence Code section 352 obligates the trial court upon request to exercise its discretion and to exclude such evidence “if its probative value is substantially outweighed by the probability that its admission will.. .(b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.” (Evid. Code, § 352;