People v. Halsey

Opinion

MOORE, J.

Defendant appeals from his conviction of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)), false imprisonment (Pen. Code, § 236), petty theft (Pen. Code, §§ 484/488), and joyriding (Pen. Code, § 499b). Defendant argues the trial court improperly denied his motion for new trial based on jury misconduct and improperly instructed the jury on false imprisonment. He also contends the trial court improperly allowed him to be impeached with a “subsequent” felony conviction. This latter contention we discuss in the published portion of this case.

I

Impeachment by a “Subsequent” Felony

Defendant committed forcible oral copulation in October of 1989, but was not convicted of this crime until July 1991. Defendant committed the instant offenses on March 22, 1991. Trial commenced for the instant offenses on December 16. Prior to trial, defense counsel moved to exclude evidence of defendant’s “prior” conviction. The court tentatively ruled the evidence admissible, but directed the district attorney to limit his cross-examination to asking the defendant if he had “ever been convicted of a felony involving

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moral turpitude.” During cross-examination, the district attorney questioned defendant about the conviction.

1

Defendant characterizes his conviction for the earlier offense as a “subsequent” conviction. He contends the trial court erred by allowing the district attorney to impeach him with this conviction during trial.

Specific acts of a witness’s conduct are inadmissible to attack or support his credibility. (Evid. Code, § 787.) Felony convictions are admissible to attack the credibility of a witness, including a testifying defendant. (Evid. Code, § 788

2

;

People

v.

Pike