Is admitting to past misconduct involving moral turpitude impeached a witness in a criminal trial?

California, United States of America


The following excerpt is from People v. Penn, E041831 (Cal. App. 11/26/2007), E041831 (Cal. App. 2007):

"The admission of past misconduct involving moral turpitude to impeach a witness in a criminal trial is subject to the trial court's discretion under Evidence Code section 352. [Citation.] On appeal, the trial court's decision is reviewed for abuse of discretion. [Citations.] To constitute an abuse of discretion, `the resulting injury [must be] sufficiently grave to manifest a miscarriage of justice. [Citation.] In other words, . . . the court [must] exceed[] the bounds of reason, all of the circumstances being considered.' [Citation.] In most instances the appellate courts will uphold the exercise of discretion even if another court might have ruled otherwise. [Citation.]" (People v. Feaster (2002) 102 Cal.App.4th 1084, 1091-1092.)

Here, defendant does not contend the court erred in permitting him to be impeached with evidence of his prior convictions for auto theft. Indeed, a conviction for auto theft is a crime involving moral turpitude and is, therefore, admissible for impeachment purposes. (People v. Zataray (1985) 173 Cal.App.3d 390, 398-402.) However, defendant maintains the court erred in allowing the jury to use that evidence to determine his intent in the current matter.

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