People v. Brooks

Opinion

SIMS, J.

A jury found defendant guilty of escape from jail by failing to return from a work furlough release (Pen. Code, § 4532, subd. (a); further statutory references are to the Penal Code unless otherwise indicated).

[671]

Defendant appeals contending the trial court erred in finding his prior felony conviction for corporal punishment of a child resulting in traumatic condition (§ 273d) was a crime of moral turpitude that could be used for impeachment. We affirm.

Only those prior felony convictions which necessarily involve moral turpitude may be used to impeach a witness in a criminal proceeding.

(People

v.

Castro

(1985) 38 Cal.3d 301, 306 [211 Cal.Rptr. 719, 696 P.2d 111].) “Moral turpitude” is a “ ‘readiness to do evil’ ”

(id.

at p. 314), i.e., “an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.”

(In re Craig

(1938) 12 Cal.2d 93, 97 [82 P.2d 442].)

Section 273d provides, in part, “Any person who willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition is guilty of a felony, . . .” To our knowledge no California decision has determined whether this offense constitutes a crime of moral turpitude.

Defendant contends the trial court erred in finding his prior conviction was a crime of moral turpitude. He argues the least adjudicated elements of section 273d are akin to those of a felony battery (§ 243) and it has been held that offense does not constitute a crime of moral turpitude.

(People