Garrett

I

Facts

Darrin A. Garrett was charged by information with murder (Pen. Code, § 187), with an allegation that he personally used a firearm in the commission of the offense (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1)). Garrett’s motion to exclude his prior felony conviction of conspiracy to possess an unregistered firearm for the purpose of impeachment was denied. Garrett did not testify at trial. In an offer of proof, under oath and outside the presence of the jury, he stated his decision not to testify was based on the court’s ruling allowing impeachment with his prior conviction. But for that ruling, he would have taken the stand and testified that he was with Goldie Wright at the time of the homicide.

The jury found Garrett guilty of first degree murder and found the firearm use allegation to be true. He appeals from the judgment of conviction.

The sole issue on appeal is whether the trial court erred in ruling that it would permit defendant to be impeached with his prior felony conviction.

II

Moral Turpitude

A witness in a criminal trial may be impeached with a prior felony conviction if the least adjudicated elements of that felony necessarily involve moral…