Stewart

Appellant Stewart convicted by a jury of burglary in the second degree, appeals from the judgment entered on the verdict.

A burglary of a coffee shop in Bell Gardens occurring some time after 1 p.m. on September 2, 1972, was discovered in the early morning of the next day. Six rolls of pennies in distinctive wrappers and a $10 roll of half dollars wrapped in tin foil were stolen.

In the evening of the same day appellant cashed six rolls of pennies in identical distinctive wrappers and $10 in half dollars wrapped in tin foil at a bar, two doors from the coffee shop.

Appellant planned to testify but he had sustained five prior felony convictions: grand larceny in 1951; burglary in 1957; concealed weapons in 1962; burglary in 1963; and burglary in 1967. Therefore, invoking Evidence Code sections 788, 352; (People v. Beagle (1972) 6 Cal.3d 441, 451 [ 99 Cal.Rptr. 313 , 492 P.2d 1 ]), he requested the court for an order prohibiting the use of all or any of them to impeach his testimony. The court ruled that it would permit the use of prior convictions for impeachment, but stated concurrently it would not permit the use of the 1962 conviction of carrying a…