Heckathorne

I concur specially because I have considerable difficulty with the notion that assault with a deadly weapon is, as a matter of law, a crime of moral turpitude. Nevertheless, four published opinions have so held with nary a dissent on that point. (People v. Valdez (1986) 177 Cal.App.3d 680 [ 223 Cal.Rptr. 149 ]; People v. Means (1986) 177 Cal.App.3d 138 [ 222 Cal.Rptr. 735 ]; People v. Armendariz (1985) 174 Cal.App.3d 674 [ 220 Cal.Rptr. 229 ]; People v. Cavazos (1985) 172 Cal.App.3d 589 [ 218 Cal.Rptr. 269 ]; see maj. opn., this page, fn. 2.) In the face of such unanimity my concerns are possibly unwarranted (and probably of no practical value to this defendant), but I believe they are well-founded.

The law permits impeachment of witnesses with certain felony convictions because it may assist the trier of fact to determine if a former offender *465 is a present prevaricator. Whether there is any such connection in the real world might present an interesting research project for a behavioral scientist: e.g., “Can There be Honor Among Thieves?: A Social Study Comparing the Propensity to Lie of Doctors, Lawyers, and Indian Chiefs with Inmates of California Prisons.” But…

A jury convicted Spencer Heckathorne of second degree murder with use of a firearm. The trial court prejudicially erred in permitting the prosecutor to cross-examine the defendant concerning details of a prior felony conviction for assault with a deadly weapon, and we must reverse accordingly.

I

Heckathorne celebrated his birthday on October 15, 1985, by consuming cocaine and beer throughout the evening with his wife and friends. Just after two the following morning, during an argument with his spouse, Heckathorne’s shotgun discharged. The blast tore through the wall of the next door apartment, fatally wounding Robin Holding.

At the scene, Heckathorne told an officer, “It was an accident. I dropped it, and it went off".” Heckathorne’s blood alcohol level at the time of the shooting was estimated to be between .19 and .23 percent. He was formally interviewed the same morning and stated the gun discharged accidentally as he tried to unload it.

*461 When examined, the shotgun held four rounds of ammunition in the magazine and one in the chamber. An expended casing was found near Heckathorne’s bed. The weapon was in excellent working condition, and tests failed to…

A jury convicted Spencer Heckathorne of second degree murder with use of a firearm. The trial court prejudicially erred in permitting the prosecutor to cross-examine the defendant concerning details of a prior felony conviction for assault with a deadly weapon, and we must reverse accordingly.

Heckathorne celebrated his birthday on October 15, 1985, by consuming cocaine and beer throughout the evening with his wife and friends. Just after two the following morning, during an argument with his spouse, Heckathorne's shotgun discharged. The blast tore through the wall of the next door apartment, fatally wounding Robin Holding.

At the scene, Heckathorne told an officer, "It was an accident. I dropped it, and it went off." Heckathorne's blood alcohol level at the time of the shooting was estimated to be between .19 and.23 percent. He was formally interviewed the same morning and stated the gun discharged accidentally as he tried to unload it.

When examined, the shotgun held four rounds of ammunition in the magazine and one in the chamber. An expended casing was found near Heckathorne's bed. The weapon was in excellent working condition, and tests failed to…