People v. Johnson

Good Law
193 Cal. App. 3d 1570·1987 Cal. App. LEXIS 2001·239 Cal. Rptr. 190
Court of Appeal of CaliforniaAugust 11, 1987B021694California2,455 words

Opinion

Opinion

Epstein, J.

In this consolidated appeal, Gary Johnson and codefendant Darryle Jones challenge their respective judgments of conviction for receiving stolen property (Pen. Code, § 496, subd. (I)).

Johnson argues that the evidence is insufficient to support his conviction. Jones argues that the trial court failed to properly exercise its discretion under Evidence Code section 352 in ruling on a motion to exclude prior felony conviction evidence, offered for purposes of impeachment. Neither argument has merit. We affirm both judgments.

Facts

Discussion

II. Jones's Appeal

Jones had suffered three prior felony convictions: federal bank robbery (apparently 18 U.S.C. § 2113 ; 1979); grand theft (Pen. Code, § 487.2; 1976); and forgery (Pen. Code, § 470; 1978). His attorney presented a motion in limine to prevent the prosecutor from using these convictions for purposes of impeachment should Jones testify. Johnson’s attorney presented a similar motion on behalf of his client, who also had suffered prior felony convictions.

Jones challenges the trial court’s ruling that the theft and forgery convictions could be used for purposes of impeachment, He argues that the trial court failed to…

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