Sanders

[Opinion certified for partial publication. [*] ]

OPINION

THAXTER, J.

Appellant Bobby Lee Sanders was convicted by a jury on one count of lewd and lascivious conduct with a child under the age of 14. (Pen. Code, [1] § 288, subd. (a).) He was sentenced to six years in state prison, less presentence custody credits.

On appeal, Sanders argues the trial court erred in permitting his impeachment with proof of a prior felony conviction for child endangerment (§ 273a, subd. (1)). We hold that child endangerment is not a crime of moral turpitude, so that impeachment by use of that conviction was improper under People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal. Rptr. 719 , 696 P.2d 111 ]. Applying the Watson [2] standard of harmless error, however, we conclude it is not reasonably probable a result more favorable to appellant would have been reached absent the error. We also hold that Sanders waived his right to raise an issue of alleged prosecutorial misconduct. Accordingly, we affirm.

Until February 9, 1990, eight-year-old Melissa R. and her younger brother lived with their mother, Samantha R., and her mother's boyfriend, appellant Sanders. On February 8, 1990, Sanders spanked Melissa…