Does a defendant have to distinguish his prior attempted murder from his previous theft-related crime?

California, United States of America


The following excerpt is from The People v. Payne, No. A123051, No. H37196 (Cal. App. 2010):

Defendant distinguishes this line of authority because his prior attempted murder conviction occurred in combination with a theft-related crime (robbery). He argues that the court should have admitted only the robbery conviction because that crime bears more directly on his credibility and, since they were both sustained on the same date, the attempted murder prior adds nothing to the otherwise established "pattern" of defendant's criminality (Muldrow, supra, 202 Cal.App.3d at p. 648) nor to establishing a "series" of past crimes (People v. Lewis, supra, 191 Cal.App.3d at p. 1297). A similar argument was made and rejected in Hinton, supra, 37 Cal.4th at page 888.

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