People v. Williams

Caution
169 Cal. App. 3d 951·1985 Cal. App. LEXIS 2339·215 Cal. Rptr. 612
Court of Appeal of CaliforniaJuly 1, 1985A025801California2,964 words

Opinion

Opinion

Elkington, J.

Defendant Darrell Williams was found guilty by a jury’s verdicts of receiving stolen property (Pen. Code, § 496) and, having previously been convicted of a felony, with possession of a concealable firearm (Pen. Code, § 12021). He had admitted three prior felony convictions. The appeal is from the judgment entered upon the jury’s verdicts.

No contention is made of a lack of substantial evidence of Williams’ guilt of receiving stolen property. Nor could he reasonably do so for, among other things, he was admittedly in possession of a handgun and bullets stolen in a recent burglary.

For reasons as will presently appear we affirm the judgment.

Upon a so-called Beagle (People v. Beagle (1972) 6 Cal.3d 441 [ 99 Cal.Rptr. 313 , 492 P.2d 1 ]) motion, Williams had sought to suppress evidence of his prior felony convictions for purposes of impeachment should he become a witness on his own behalf. The superior court denied the motion, stating: “Nothing within [the state’s Constitution, article I] section 28, subdivision (d), could affect section 352. Thus, subdivision (f), dealing with the use of priors, is not included within this limitation. Consequently, section 352 cannot…

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