Gray

After the first jury could not reach a verdict, on retrial, the second jury convicted defendant, Curtis L. Gray, of first degree residential burglary. The trial court sentenced him to a term of 25 years to life pursuant to the “Three Strikes” law. The principal issue in his appeal is whether the trial court committed prejudicial error in modifying Judicial Council of California Criminal Jury Instructions (2006-2007) CALCRIM No. 316 (impeaching a witness with a prior felony conviction) to allow the jury to determine if the witness’s felony conviction was one “involving moral turpitude” which the court defined as “involving dishonesty.” We hold that the modified instruction was erroneous but that the error was not prejudicial under the facts of this case. Finding no other errors, we affirm the judgment.

FACTS AND PROCEEDINGS BELOW

The victim, Dana Scott, lived across the street from her parents, Patricia and Percy Kirklin. When Scott moved into her home, she gave her parents a key to the metal security door that covered the wooden front door of the house. Scott did not have a key to the wooden door, so she always left it unlocked.

Late one afternoon Scott called her…