Does a defendant's prior conviction for possessing heroin and cocaine for sale constitute evidence of a specific act?

California, United States of America


The following excerpt is from People v. Felix, 70 Cal.App.4th 426, 82 Cal.Rptr.2d 701 (Cal. App. 1999):

The trial court erred by allowing the prosecution to introduce independent proof of defendant's prior conviction. As previously noted, section 1101 generally excludes evidence of character or a trait of character to prove a person's conduct on a specified occasion. ( 1101, subd. (a).) Section 1102 creates an exception to this rule in criminal cases for evidence "in the form of an opinion or ... reputation," but not specific instances of conduct. (See People v. Wagner, supra, 13 Cal.3d at pp. 618-619, 119 Cal.Rptr. 457, 532 P.2d 105.) Defendant's conviction for possessing heroin and cocaine for sale constituted evidence of a specific act.

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