Chavez

A jury convicted defendant of two counts of first degree robbery (Pen. Code, § 211) and found true the allegations that defendant had used a firearm during the commission of the crimes (Pen. Code, § 12022.53, subd. (b)). The trial court sentenced him to 20 years 8 months in prison. On appeal defendant argues the trial court abused its discretion in making several evidentiary rulings. He further contends he was denied due process when the prosecutor committed misconduct and the court denied his motion for a mistrial based upon such misconduct. We disagree, affirm the trial court, and hold that sexual battery is a crime involving moral turpitude and, therefore, under People v. Wheeler (1992) 4 Cal.4th 284 [ 14 Cal.Rptr.2d 418 , 841 P.2d 938 ] may be used to impeach.

Facts

Discussion

I*

II.

Defendant asserts the trial court abused its discretion in admitting evidence of his misdemeanor conviction for sexual battery (Pen. Code, § 243.4, subd. (d)). As we construe his argument, defendant contends his prior conviction has little bearing on his veracity and that its introduction into evidence was unduly prejudicial.

Over defendant’s objection, the trial court allowed the…