House

I concur in all parts of the court’s opinion, except with respect to part II, where I concur in the result only. Whether or not we are bound by Court of Appeal decisions in which the Supreme Court has denied a hearing, 1 People v. Romero, 272 Cal.App.2d 39 [ 77 Cal.Rptr. 175 ], was decided by another division of this very court and it would be an intolerable situation for the judges and attorneys trying cases in this district, to be faced with conflicting decisions.

Romero holds that prior felony impeachment is not subject to discretionary exclusion raider section 352 of the Evidence Code 2 because “[t]he rule in this state is now (§ 788, Evid. Code) and always has been that any felony conviction is admissible to impeach the credibility of defendant if he takes the stand. [Citation omitted.] In substance, section 788, Evidence Code, simply restates the rule expressed by former section 2051, Code of Civil Procedure. . . (People v. Romero, supra, 272 Cal.App.2d at p. 45.)

This rationale disturbs me. What can be said about former section 2051 of the Code of Civil Procedure, seems equally applicable to any other rule of admissibility transplanted from that code to the Evidence Code,…

Defendant in superior court No. A056766 was found guilty by a jury of voluntary manslaughter (after being charged with murder in count I and assault with a deadly weapon in count II). He admitted three prior felonies and was sentenced to state prison with the sentence on count II ordered to run concurrently with the sentence on count I. He appeals from the judgment.

Prior to the occurrence of the events charged in A056766, defendant had been found guilty of assault with a deadly weapon in superior court No. A227715. Probation had been granted and no appeal had been taken from the appealable order granting probation (Pen. Code, § 1237). After sentence with appropriate reservations in A056766, but before determination of whether the sentence on the two counts would be consecutive or concurrent, a different judge presiding in a different department revoked probation in A227715 and sentenced defendant to state prison with sentence to run consecutive to any other sentence being served. Thereafter the previous sentence in AO56766 ordering sentences on the two counts to run concurrent to each other was ordered to stand. Defendant appeals from this judgment.

In addition…

Defendant in superior court No. A056766 was found guilty by a jury of voluntary manslaughter (after being charged with murder in count I and assault with a deadly weapon in count II). He admitted three prior felonies and was sentenced to state prison with the sentence on count II ordered to run concurrently with the sentence on count I. He appeals from the judgment.

Prior to the occurrence of the events charged in A056766, defendant had been found guilty of assault with a deadly weapon in superior court No. A227715. Probation had been granted and no appeal had been taken from the appealable order granting probation (Pen. Code, § 1237). After sentence with appropriate reservations in A056766, but before determination of whether the sentence on the two counts would be consecutive or concurrent, a different judge presiding in a different department revoked probation in A227715 and sentenced defendant to state prison with sentence to run consecutive to any other sentence being served. Thereafter the previous sentence in A056766 ordering sentences on the two counts to run concurrent to each other was ordered to stand. Defendant appeals from this judgment.

In…