Jacobs

In this case of first impression, we determine that a defendant’s prior felony convictions are admissible under Evidence Code sections 1202 and 788 to attack his credibility when, at his own request, his exculpatory statement to the police is admitted into evidence, but he does not testify at trial.

Jarrett Lamont Jacobs (appellant) was convicted by a jury of receiving stolen property in violation of Penal Code section 496, subdivision (a). In a separate court trial, the court found true allegations that appellant had sustained three qualifying “strikes” under the initiative version of the three strikes law and that appellant had served three prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). However, for sentencing purposes, the court struck two of the strikes and all of the prior prison term findings and sentenced appellant to a state prison term of four years (double the midterm for receiving stolen property).

Appellant was tried with a codefendant, Maurice Lawson, who was acquitted of the same offense of which appellant was convicted. Prior to trial, Lawson sought admission of a portion of a statement appellant gave the police,…