Thornton

People v. Thornton

Good Law
1992 Cal. App. LEXIS 135·3 Cal. App. 4th 419·4 Cal. Rptr. 2d 519·92 Daily Journal DAR 1759·92 Cal. Daily Op. Serv. 1107
Court of Appeal of CaliforniaFebruary 4, 1992E007941California1,360 words

Opinion

Opinion

McKINSTER, J.

Following a jury trial, defendants Nugent and Thornton were convicted of robbing Debra Young and Mark Horton on December 19, 1988. (Pen. Code, § 211.) Both appeal. We affirm.

Contentions

Defendant Nugent raises three alleged errors. First, contending that section 422 is not a crime of moral turpitude, he claims that the trial court improperly permitted him to be impeached on the basis of a prior conviction of that offense. Second, assuming that impeachment with that conviction was permissible, he asserts that he should have been allowed to ameliorate the effect of that conviction by explaining the circumstances surrounding the offense. Third, he argues that the trial court erred by failing to grant his motion for mistrial on the basis of a brief reference to incriminating evidence which was later determined to be inadmissible under Evidence Code section 352.

Thornton makes a single contention: that the trial court abused its discretion when it prevented him from cross-examining Young on certain issues of credibility.

We find no merit in the contentions of either defendant.

Discussion

A. Penal Code Section 422 Is a Crime of Moral Turpitude.

Defendant Nugent…

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