Martinez

The published portion of this opinion clarifies the meaning of the term “convicted” as used in Evidence Code section 78,8, which addresses when the credibility of a witness may be attacked. Defendant was convicted by jury of felony driving under the influence the week before his trial in this case. At the time he testified in the case which is the-subject of this appeal, sentencing in the earlier case had not yet occurred. The trial court allowed him to be impeached in the new case with the jury conviction even though he had not yet been sentenced on the prior wobbler offense. We conclude this was proper.

Evidence Code section 788 provides that the credibility of a witness may be attacked by showing a witness has been convicted of a felony. We hold the term “convicted” includes otherwise qualifying felony convictions suffered even though sentence has not yet been imposed on the charge. Further, the fact the felony conviction is a wobbler does not change the result since a wobbler is regarded as a felony for every purpose until judgment is entered.

Procedural History

Serafín Arebalo Martinez (defendant) was charged by information in count one with driving a vehicle…