The following excerpt is from U.S. v. Portillo, 633 F.2d 1313 (9th Cir. 1980):
We recognize that the Government has the burden of persuasion on the issue of admissibility of prior convictions for the purpose of impeaching an accused who chooses to testify on his own behalf. United States v. Cook, 608 F.2d at 1185 n.8. However, we believe that the prosecution met this burden in regard to Montellano. The trial judge did not abuse his discretion in ruling that the 1971 burglary conviction was admissible for impeachment purposes. Since the evidentiary ruling was correct, Montellano cannot complain that he elected to remain off the stand rather than be impeached. This is the very choice to which a defendant may properly be put.
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