Kemper

Winston Hillard Kemper appeals from a judgment of imprisonment which was rendered after a jury found him guilty of violating Penal Code section 459, first degree, enhanced by his admission of a prior felony conviction of Penal Code section 496.

Facts

After properly securing all doors of an empty sorority house, the housemother activated the burglar alarm system and went to sleep. She was awakened at 4:30 a.m. by the sound of the burglar alarm. She called the police who responded and found the appellant hiding on the floor of a closet under some robes.

Discussion

I. Was impeachment of appellant’s credibility by use of a prior conviction of Penal Code section 496 properly allowed?

During trial, appellant moved to exclude the use of a prior conviction of Penal Code section 496 (receiving stolen property) for purposes of impeachment. He argued several bases for the exclusion: (1) the prior conviction was six years old; (2) the prior is closely related and similar to the charge of burglary; and (3). it was a closely balanced case. The trial judge spent much time deciding this issue and took into consideration the applicable criteria for allowing its use for purposes of…