Brooks

People v. Brooks

Good Law
1992 Cal. App. LEXIS 153·3 Cal. App. 4th 669·4 Cal. Rptr. 2d 570·92 Daily Journal DAR 2051·92 Cal. Daily Op. Serv. 1274
Court of Appeal of CaliforniaFebruary 11, 1992C010506California673 words

Opinion

Opinion

Sims, J.

A jury found defendant guilty of escape from jail by failing to return from a work furlough release (Pen. Code, § 4532, subd. (a); further statutory references are to the Penal Code unless otherwise indicated). Defendant appeals contending the trial court erred in finding his prior felony conviction for corporal punishment of a child resulting in traumatic condition (§ 273d) was a crime of moral turpitude that could be used for impeachment. We affirm.

Only those prior felony convictions which necessarily involve moral turpitude may be used to impeach a witness in a criminal proceeding. (People v. Castro (1985) 38 Cal.3d 301, 306 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ].) “Moral turpitude” is a “ ‘readiness to do evil’ ” (id. at p. 314), i.e., “an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.” (In re Craig (1938) 12 Cal.2d 93, 97 [ 82 P.2d 442 ].)

Section 273d provides, in part, “Any person who willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic…

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