Does the error of trial counsel in admitting that a defendant has been convicted of a similar crime to the same crime on trial for the same offence result in prejudice?

California, United States of America


The following excerpt is from People v. Ramos, F069816 (Cal. App. 2016):

Here, as in Malone, trial counsel's error does not rise to the level of ineffective assistance of counsel. While trial counsel erred, we conclude the error was inadvertent, and defendant has failed to show he was prejudiced as a result of the error. The fact the jury heard defendant was previously convicted of commercial burglarya crime similar but not identical to the offense he was being tried fordoes not compel a finding of prejudice. Even the admission of prior convictions which are identical to the charged offense are not per se prejudicial. (See People v. Lewis (1987) 191 Cal.App.3d 1288, 1297-1298 [trial court did not abuse its discretion in admitting defendant's prior convictions for rape where defendant was on trial for rape].)

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