Felix

J.A jury convicted defendant Carlos Pulido Felix of possessing cocaine base in violation of Health and Safety Code section 11350, subdivision (a). He claims the trial court erroneously allowed the prosecution to introduce evidence of a prior drug-related conviction to rebut defense testimony concerning his drug use. The prosecution contends defendant waived the right to challenge the admission of this evidence, and the California Constitution’s Truth-in-Evidence clause (Cal. Const., art. I, § 28, subd. (d), hereafter section 28(d)) authorizes the use of specific acts to prove or rebut a defendant’s character in criminal cases. We hold the admissibility of the prior conviction has been preserved for review and the trial court erred by admitting independent evidence of it. Nonetheless, this ruling constituted harmless error.

Facts

A group of police officers entered an apartment complex to execute several arrest and search warrants obtained after a lengthy investigation which had revealed a high level of narcotics activity on the premises. Sergeant Gallagher saw defendant walking away from an area where some of the warrants were about to be served.

Gallagher asked…