Pugh

A jury convicted Worley Quenton Pugh (Pugh) of burglary (Pen. Code, § 459). Before trial, Pugh admitted three prior prison convictions. On appeal he argues the court erred in permitting the prosecution to utilize prior felony convictions for impeachment and improperly excused a defense witness who had invoked his privilege against self-incrimination.

I

Two police officers driving in the City of San Clemente at 4 a.m. heard noises from a closed drugstore and saw two males carrying boxes to a parked van. Spotting broken glass, the officers ordered the two males to stop, but they ignored the command and sped away. Following a high speed chase through residential streets, the van slowed and two males jumped out. A search of the neighborhood resulted in the discovery of Pugh hiding under a bush next to a residence. At the police station, officers noticed Pugh’s hand was cut.

At trial one officer identified Pugh as being the taller of the two persons seen at the drugstore and the person seen leaving the driver’s side of the van. The second officer could not make an identification.

Pugh denied involvement in the burglary. He and his wife testified he was sleeping in the back…