245 Cal. App. 4th 1010
Cal. Ct. App.2016Background
- Defendant Henry Aguilar was convicted by a jury of aggravated kidnapping, rape in concert, oral copulation in concert, and robbery; firearm and kidnapping enhancements were found true.
- Victim described forcible abduction from a street, sexual assaults by three men in a van, and injuries; DNA from the victim matched defendant.
- At trial the prosecution impeached defendant with a 2004 felony conviction for carrying a concealed firearm in a vehicle (Pen. Code § 25400(a)(1)); defense objected that the offense is not a crime of moral turpitude and that admission was prejudicial.
- The trial court admitted the prior conviction for impeachment, finding the offense involves moral turpitude, was not too remote, and its probative value outweighed prejudice; the jury was instructed on using prior convictions only for credibility.
- Defendant appealed solely on the ground that section 25400(a)(1) is not a crime of moral turpitude; the Court of Appeal affirmed, holding the prior conviction was admissible impeachment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a felony conviction under Penal Code § 25400(a)(1) (carrying a concealed firearm in a vehicle) is a crime of moral turpitude, permitting admission for impeachment | The prior concealed-weapon conviction reflects moral turpitude and was properly admitted to impeach credibility | The offense is passive/non-violent and does not necessarily show moral turpitude; admission is remote and unduly prejudicial (similarity to charged firearm allegations) | The offense is a crime of moral turpitude and admission for impeachment was within the trial court’s discretion; judgment affirmed |
Key Cases Cited
- People v. Castro, 38 Cal.3d 301 (1985) (establishes the “least adjudicated elements” test for moral turpitude)
- People v. Robinson, 37 Cal.4th 592 (2005) (concludes misdemeanor concealed-carry convictions reflect moral turpitude)
- People v. Ledesma, 39 Cal.4th 641 (2006) (abuse-of-discretion standard for impeachment evidence rulings)
- People v. Feaster, 102 Cal.App.4th 1084 (2002) (explains application of least-adjudicated-elements test)
- People v. Hodges, 70 Cal.App.4th 1348 (1999) (discusses public-safety threat posed by concealed firearms in vehicles)
- People v. Garrett, 195 Cal.App.3d 795 (1987) (firearms-related offenses may evince moral laxity/turpitude)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (distinguishes lawful home defense possession from other firearm restrictions)