People v. Morrison

Opinion

CHRISTIAN, J.

Jerry Vernon Morrison appeals from a judgment of imprisonment which was rendered after a jury found him guilty of possession of a firearm by a felon (Pen. Code, § 12021).

Appellant contends, citing

People

v.

Beagle

(1972) 6 Cal.3d 441 [99 Cal.Rptr. 313, 492 P.2d 1], and related cases, that when he had admitted the prior convictions which the information had alleged for the purpose of enhancing penalties, the court should not have permitted the prosecutor to prove; before the jury all five of the prior convictions which had been alleged in the body of the count which charged possession of a firearm by a felon. In response to a motion by the defense, under

People

v.

Beagle, supra,

the court ruled that only the prior conviction for forgery would be admitted for the purpose of impeachment. Defense counsel complained that the ruling did not go far enough; if it were left open to the prosecutor to prove all five of the priors alleged within the body of the firearm count, it “would put [the defendant] in the position of sounding unveracious, since the jury will hear proof of five convictions during the case in chief but he will be questioned on only one during his own examination.” The defense supported its proposal to exclude any reference to the prior convictions during the prosecution’s case in chief by an offer to stipulate that “that particular element of the crime is not contested.”

The Attorney General correctly points out that the situation presented no

Beagle

problem; the

Beagle

issue was resolved by the court’s proper ruling that only one of the priors could be used for the purpose of impeachment. The existence of a prior felony conviction was an element of the offense charged in the firearms count. Thus, appellant

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