Does the error in allowing the prosecutor to question defendant about his prior sexual battery conviction constitute a miscarriage of justice?

California, United States of America


The following excerpt is from People v. Usher, E045025 (Cal. App. 5/28/2009), E045025. (Cal. App. 2009):

Furthermore, assuming for purposes of argument that the trial court erred in allowing the prosecutor to question defendant about his prior sexual battery conviction, the error was harmless. Error in the admission of impeachment evidence justifies reversal only if it resulted in a miscarriage of justice. (Evid. Code, 354.) A judgment may be overturned only if "it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error." (People v. Watson (1956) 46 Cal.2d 818, 836.)

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