James

Defendant Decatur James, Jr., was charged, in count I of an information, with burglary, in violation of Penal Code section 459; in count II, with robbeiy, in violation of Penal Code section 211; and in count III, with rape, in violation of Penal Code section 261, subdivision 2. Defendant’s in limine motion to preclude the use, for impeachment purposes, of three prior convictions (pursuant to People v. Beagle (1972) 6 Cal.3d 441 [ 99 Cal.Rptr. 313 , 492 P.2d 1 ] and Evid. Code, § 352) was granted. By amendment to the information, three prior felony convictions were alleged; defendant admitted the priors. He entered a plea of not guilty. Trial was by jury.

Defendant was found guilty on all three counts; the burglary and robbeiy were found to be of the first degree. His motion for a new trial was denied. Probation was denied. Defendant was sentenced to state prison for the term prescribed by law; count I and count II were merged into count II; the sentences on count II and III were ordered to run concurrently. The court struck the prior felony convictions in the interest of justice. Defendant appeals from the judgment of conviction.

On May 18, 1974, Mrs. Violet Nunnelley…