243 Cal. App. 4th 129
Cal. Ct. App.2015Background
- Defendant Leroy Burton III was convicted by a jury of first degree murder and found to have personally used a firearm causing death; he admitted prior-strike and prior prison-term allegations and was sentenced to lengthy consecutive terms.
- Victim Ja’bari Jones was found dead from two .22-caliber gunshot wounds in an apartment-complex parking lot; an expended .22 casing and a live round were found nearby but no gun.
- Multiple witnesses placed Burton in the complex around the time of the shooting; Burton later called the mother of his child and admitted on a recorded call that he had shot someone twice.
- Burton’s trial testimony claimed self-defense: Jones allegedly came to Burton’s home demanding money, brandished a gun, defendant disarmed him, then fired two un-aimed shots and fled.
- On appeal Burton raised several claims; in the published portion the court addressed whether prior convictions for Penal Code § 273.5 (willful infliction of corporal injury on an intimate partner) were admissible for impeachment because they are crimes of moral turpitude.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior § 273.5 convictions for impeachment | Prosecution: § 273.5 convictions are crimes of moral turpitude and admissible to impeach defendant's credibility | Burton: § 273.5 can encompass non-intimate or former cohabitants per Morales‑Garcia, so it is not categorically moral turpitude and thus inadmissible | Court held § 273.5 is categorically a crime of moral turpitude; prior convictions properly admitted for impeachment |
| Trial counsel deficient for failing to object to impeachment use of § 273.5 convictions | — | Burton: counsel was ineffective for failing to object to admission on moral‑turpitude grounds | Court held counsel not ineffective because an objection would have been futile given § 273.5 is a crime of moral turpitude |
Key Cases Cited
- People v. Castro, 38 Cal.3d 301 (1985) (felony involving moral turpitude may be used to impeach a testifying witness)
- People v. Rodriguez, 5 Cal.App.4th 1398 (1992) (held § 273.5 involves relationships deserving special protection and is a crime of moral turpitude)
- Morales‑Garcia v. Holder, 567 F.3d 1058 (9th Cir. 2009) (interpreted § 273.5 to include casual cohabitants; court here disagreed with that view)
- Donley v. Davi, 180 Cal.App.4th 447 (2009) (recognized § 273.5 as a crime of moral turpitude)
- People v. Price, 1 Cal.4th 324 (1991) (an attorney need not make futile objections or motions)