Pickett

Defendant Bobby Joe Pickett appeals from a judgment of conviction based upon: (1) a jury verdict finding him guilty of the first degree murder of his wife (Pen. Code, §§ 187, 189), and (2) a finding by the court that he was previously convicted of a violent felony (§ 667.5, subd. (a)). The primary issue on appeal is whether it was reversible error to rule that if defendant testified the prosecutor would be allowed to impeach him with a 1971 conviction of the identical offense. It was.

Facts

Defendant and his wife, JoAnn Pickett, separated in May 1981. Defendant left California for a job in Wyoming; Mrs. Pickett continued to reside at 1714 Third Street in Richmond. On Monday, September 14, Naomi Pickett received a telephone call from her brother, defendant, who described his good construction job in Wyoming, asked about Mrs. Pickett and her children, and mentioned that he hoped to come visit the following weekend if his work schedule allowed. At approximately 7 p.m. that next Saturday, September 19, defendant arrived unexpectedly at his sister’s house, which is about three miles from Mrs. Pickett’s residence.

Naomi Pickett testified that when defendant left California…