In what circumstances will a defendant who shot and killed a police officer while on probation be allowed to deny that he had a history of prior criminal convictions?

In People v. Robillard (1960) 55 Cal.2d 88, 10 Cal.Rptr. 167, 358 P.2d 295 ( Robillard ),⁷ the defendant was on probation for prior offenses and had committed other recent offenses for which he had not yet been apprehended. He was driving a stolen car with stolen license plates when he was stopped by a police officer. While the officer waited for information from headquarters about the status of the vehicle, the defendant shot and killed the officer. ( Id. at pp. 92-93, 10 Cal.Rptr. 167, 358 P.2d 295.) At trial, the defendant objected to the admission of evidence of his prior offenses and his probationary status. On appeal, the high court held

[65 Cal.App.5th 149]

the evidence was properly admitted because it "was relevant to establish [the] defendant's motive for the killing, the prosecution's case being based on the theory that [the] defendant had premeditatedly killed [a police officer] in order to avoid apprehension for such crimes." ( Id . at p. 100, 10 Cal.Rptr. 167, 358 P.2d 295.)

3. People v. Durham