When a lay person has a prior conviction for the same crime for which the appellant is being tried, is that prior conviction barred?

California, United States of America


The following excerpt is from People v. Bailes, 129 Cal.App.3d 265, 180 Cal.Rptr. 792 (Cal. App. 1982):

When a prior conviction is identical to the crime for which appellant is being tried, exclusion is mandated. (People v. Fries, supra, 24 Cal.3d 222, 155 Cal.Rptr. 194, 594 P.2d 19; People v. Spearman, supra, 25 Cal.3d 107, 157 Cal.Rptr. 883, 599 P.2d 74.) Exclusion is likewise warranted where, as here, a lay person might view the offenses as substantially similar to the offense charged, and the danger of confusion outweighs the probative value of the prior.

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