Can a prior conviction for a criminal offence be used as evidence for impeachment under section 28(f) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Leever, 173 Cal.App.3d 853, 219 Cal.Rptr. 581 (Cal. App. 1985):

[173 Cal.App.3d 877] Section 28(f) provides in pertinent part that "[a]ny prior felony conviction of any person in any criminal proceeding ... shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding." The Attorney General reads the words "without limitation" as calling for unlimited allowance of "extrinsic evidence" to prove priors. However, those words unambiguously describe how priors are to be "used," not how they are to be proved. This construction is implicitly confirmed by People v. Castro, supra, 38 Cal.3d 301, 211 Cal.Rptr. 719, 696 P.2d 111, where the court recently held, after determining that only prior convictions involving "moral turpitude" can be used for impeachment under section 28(f): "[A]s in the Finley-Crowson line of cases, a witness' prior conviction should only be admissible for impeachment if the least adjudicated elements of the conviction necessarily involve moral turpitude." (Id., at p. 317, 211 Cal.Rptr. 719, 696 P.2d 111.)

Other Questions


If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
When a convicted criminal has completed his sentence for a conviction for a crime committed under section 1170.18, subdivision (f) of the California Criminal Code, can the conviction be reduced to a misdemeanor? (California, United States of America)
What is the effect of section 28 of the California Criminal Code on a person who has not been convicted of a criminal offence under the Criminal Code Act? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
Does a defendant have forfeited the issue of motive under section 1101, subdivision (b) of section 1103 of the Criminal Code for failing to provide evidence that the victim's prior criminal convictions would have bolstered his claim of self-defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.