What is the scope of inquiry when a criminal defendant is impeached with evidence of a prior felony conviction?

California, United States of America


The following excerpt is from People v. Shea, 39 Cal.App.4th 1257, 46 Cal.Rptr.2d 388 (Cal. App. 1995):

"The scope of inquiry when a criminal defendant is impeached with evidence of a prior felony conviction does not extend to the facts of the underlying offense." (People v. Heckathorne (1988) 202 Cal.App.3d 458, 462, 248 Cal.Rptr. 399.) However, if in "admitting" the prior felony conviction "the defendant first seeks to mislead a jury or minimize the facts of the earlier conviction" (ibid.) he may properly be questioned further. (Id. at p. 463, 248 Cal.Rptr. 399.)

Appellant, during direct examination, sought to both mislead the jury and to minimize the facts of his earlier conviction.

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