Can a defendant be impeached if he is convicted of a similar crime but not convicted of the same same crime?

California, United States of America


The following excerpt is from People v. Estrada, F070063 (Cal. App. 2017):

solely for assessing the defendant's credibility. In light of the circumstances of the instant case, the court determined that the potential for prejudice resulting from admission of the prior-conviction evidence did not outweigh its probative value. The court then ruled the People could impeach the defendant, if he were to testify, with the nature of the prior crime and the date of conviction. (See People v. Allen (1986) 42 Cal.3d 1222, 1268; People v. Hall (1970) 5 Cal.App.3d 116, 126 ["the name or nature of the crime may be asked as well as the date and place of conviction"].) Although the question is certainly a close one, we cannot say that the court's decision to admit the prior-conviction evidence without sanitizing it, was outside the bounds of the court's discretion.

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