People v. Thornton

Opinion

McKINSTER, J.

Following a jury trial, defendants Nugent and Thornton were convicted of robbing Debra Young and Mark Horton on December 19, 1988. (Pen. Code, § 211.)

1

Both appeal. We affirm.

Contentions

Defendant Nugent raises three alleged errors. First, contending that section 422 is not a crime of moral turpitude, he claims that the trial court improperly permitted him to be impeached on the basis of a prior conviction of that offense. Second, assuming that impeachment with that conviction was permissible, he asserts that he should have been allowed to ameliorate the effect of that conviction by explaining the circumstances surrounding the offense. Third, he argues that the trial court erred by failing to grant his motion for mistrial on the basis of a brief reference to incriminating evidence which was later determined to be inadmissible under Evidence Code section 352.

Thornton makes a single contention: that the trial court abused its discretion when it prevented him from cross-examining Young on certain issues of credibility.

[422]

We find no merit in the contentions of either defendant.

Discussion

A. Penal Code Section 422 Is a Crime of Moral Turpitude.

Defendant Nugent testified in his own behalf. He stated that he had been living in Trona for two weeks at the time of the robbery, but denied leaving the trailer where he was staying on that day, denied ever having seen either Young or Horton, denied having participated in the robbery of either of them, and denied ever having been to the site of the robbery. Over Nugent’s objection, the People were allowed to impeach Nugent on the basis of his prior conviction of violating section 422. On appeal, Nugent continues to argue that the impeachment was improper, because section 422 is not a crime of moral turpitude.

Because due process prohibits conviction on the basis of the consideration of irrelevant evidence, a witness may not be impeached with a prior felony conviction unless that conviction is relevant to the witness’s veracity.