McFarland

James McFarland appeals from his conviction for burglary (Pen. Code, § 459) on the grounds that the trial court erred in denying his motion to preclude use of his prior convictions for purposes of impeachment, in instructing the jury in accordance with CALJIC Nos. 2.03 and 22 (rev.), and in denying his motion to strike a prior conviction as unconstitutional. He contends also that he is entitled to good time/work time (conduct) credit for his time spent in presentence custody. We find no prejudicial error, and therefore affirm his conviction subject to administrative determination of conduct credit pursuant to People v. Sage (1980) 26 Cal.3d 498 [ 165 Cal.Rptr. 280 , 611 P.2d 874 ], as modified.

Background. The prosecution’s case can be briefly summarized. On October 27, 1977, Mrs. Patricia Froio saw a car pull up beside the house of her neighbor and two men walk toward the neighbor’s front door. Suspicious, Mrs. Froio attempted to telephone her neighbor. Receiving no answer, she called the police. While on the phone with the police she saw a third man, later identified as Allen Tobia, exit the car and run toward the neighbor’s house. A minute or two later, she saw the…