Payne

This is the second appeal arising out of appellant Oscar Payne’s 1984 conviction of first degree burglary. In appellant’s first appeal, this court reversed the judgment and remanded pursuant to People v. Collins (1986) 42 Cal.3d 378 [ 228 Cal.Rptr. 899 , 722 P.2d 173 ] for the limited purpose of reconsideration of appellant’s motion to exclude impeachment use of several prior convictions. After a hearing, the court ordered judgment reinstated; appellant purports to appeal from that judgment. As we will discuss, the judgment is not appealable. Nevertheless, in the interest of judicial economy, we treat the appeal as a petition for writ of mandate, consider the merits of appellant’s contentions, and affirm.

Introduction

Appellant was tried after article I, section 28, subdivision (f) was added to the California Constitution, but before the Supreme Court decided People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ], which clarified the effect of the constitutional change on the admission of priors for impeachment. Among the issues in appellant’s initial appeal was whether the trial court had exercised its discretion when it ruled that his three robbery…