Can defense counsel argue that defendant would be impeached with his prior convictions?

California, United States of America


The following excerpt is from People v. Baker, F065476 (Cal. App. 2014):

We first note defense counsel did not object to the court's ruling that defendant would be impeached with his prior convictions and cannot raise this issue on appeal. (People v. Hines (1997) 15 Cal.4th 997, 1030.) In the alternative, defendant argues defense counsel was prejudicially ineffective for failing to object to impeachment with his prior violations of section 4501.5. "To establish ineffective assistance, defendant bears the burden of showing, first, that counsel's performance was deficient, falling below an objective standard of reasonableness under prevailing professional norms. Second, a defendant must establish that, absent counsel's error, it is reasonably probable that the verdict would have been more favorable to him. [Citations.]" (People v. Hawkins (1995) 10 Cal.4th 920, 940, overruled on other grounds in People v. Lasko (2000) 23 Cal.4th 101, 110 and People v. Blakeley (2000) 23 Cal.4th 82, 89.) We thus turn to the merits.

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