199 Cal. App. 4th 707
Cal. Ct. App.2011Background
- Defendant Lamar Robinson was charged with battery on a correctional officer and two §667.5 enhancements.
- Prosecution admitted evidence of a prior felony conviction under §12021(a)(1) over defense objection.
- First trial mistrial; second trial resulted in a guilty verdict and a five-year prison sentence.
- The §12021 conviction was for being a felon in possession of a firearm (firearm broadly defined).
- Defendant challenged the admissibility of the prior conviction on moral turpitude and 352 grounds, winning no relief on appeal.
- Facts at issue include the December 17, 2008 transfer, confrontations with officers, a yard-down alarm, and ensuing scuffle.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is §12021(a)(1) a crime of moral turpitude? | Robinson argues no turpitude. | Lamar contends it involves moral turpitude. | Yes; §12021 conviction involves moral turpitude. |
| Was admission of the §12021 conviction proper under Evidence Code 352? | The probative value is minimal and prejudicial. | Conviction is probative of credibility and not unduly prejudicial. | No abuse of discretion; 352 balancing favors admission. |
Key Cases Cited
- People v. Castro, 38 Cal.3d 301 (Cal. 1985) (impeachment using prior convictions; least adjudicated elements)
- People v. Littrel, 185 Cal.App.3d 699 (Cal. App. 1986) (firearm felon moral turpitude under prior statute)
- People v. Feaster, 102 Cal.App.4th 1084 (Cal. App. 2002) (citing Littrel for moral turpitude principle)
- People v. Pepper, 41 Cal.App.4th 1029 (Cal. App. 1996) (public welfare rationale for §12021)
- People v. Mansfield, 200 Cal.App.3d 82 (Cal. App. 1988) (battery gravity contrasted with moral turpitude)
- People v. Garrett, 195 Cal.App.3d 795 (Cal. App. 1987) (concerning firearms; applicability of moral turpitude analysis)