People v. Standard

Opinion

RECANA, J.

*

Appellant, Michael Standard, was charged by information with the sale of cocaine. (Health & Saf. Code, § 11352.) It was further alleged that appellant was convicted on July 5, 1983, of possession of marijuana for sale (Health & Saf. Code, § 11359) within the meaning of Penal Code section 667.5, subdivision (b), and Health and Safety Code section 11370, subdivisions (a) and (c).

[433]

At a bifurcated court trial on his prior conviction, appellant admitted the prior conviction after advisement and waiver of his constitutional rights. The jury found him guilty.

Facts

Appellant approached an undercover police officer and told him to pull his car out of the street because “he [appellant] didn’t like doing his business in the middle of the street.” He told the officer that if he “wanted some cocaine,” appellant could get him some, and he would be right back. Appellant walked back toward an apartment where a female, who had earlier approached the officer, had gone. Appellant’s female associate returned and gave the officer cocaine. The officer handed her $30 in prerecorded bills.

Appellant was arrested. He had a $10 bill and $20 bill in his left hand which matched the serial numbers of the xerox copy of the bills that the officer gave to the female.

Contentions

Appellant contends that the trial court erred in denying his pretrial motion to bar impeachment with his prior felony conviction for possession of marijuana for sale, as the crime does not involve moral turpitude.

Discussion

I

This case was tried after

People

v.

Castro

(1985) 38 Cal.3d 301 [211 Cal.Rptr. 719, 696 P.2d 111], which addressed the issue of the effect of Proposition 8 on impeachment with prior felony convictions.