Burns

The sole issue on appeal is whether, after Proposition 8, the trial court retains discretion to exclude evidence of a remote prior conviction offered to impeach the testimony of a witness in a criminal trial. [1]

We hold the trial court does retain such discretion. Because the trial court understandably, but erroneously, failed to exercise its discretion and because defendant did not testify, we reverse the judgment and remand the case to the trial court with directions to follow the procedures set forth in People v. Collins (1986) 42 Cal.3d 378, 393-395 [ 228 Cal. Rptr. 899 , 722 P.2d 173 ].

In 1983, defendant, Herbert Burns, was apprehended in the vicinity of an apartment break-in. Jewelry belonging to the owner of the apartment was found in Burns's possession. Burns was convicted of one count of burglary after a jury trial.

Prior to commencement of trial, Burns moved to exclude any evidence of his 1963 robbery conviction for impeachment purposes should he choose to testify. Burns argued in judging the veracity of his testimony the probative value of a 20-year-old conviction was slight compared to its prejudicial effect on the jury. The prosecution…