Is a defendant's prior conviction for violating section 273.5 of the California Criminal Code sufficient to be impeached for moral turpitude purposes?
California, United States of America
The following excerpt is from People v. Burton, 196 Cal.Rptr.3d 392, 243 Cal.App.4th 129 (Cal. App. 2015):
Because defendant's prior convictions for violating section 273.5 involve crimes of moral turpitude, defense counsel's failure to object to their admission for impeachment purposes did not constitute inadequate representation: An attorney has no duty to make motions or objections that would be futile. (People v. Price (1991) 1 Cal.4th 324, 387, 3 Cal.Rptr.2d 106, 821 P.2d 610.)
[243 Cal.App.4th 137]
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