Harris

Defendant was convicted by jury of selling cocaine base (Health & Saf. Code, § 11352—count 1) and possession of cocaine base for sale (Health & Saf. Code, § 11351.5—count 2). In a bifurcated proceeding the trial court found, for enhancement purposes, that, defendant had served four prior prison terms (Pen. Code, § 667.5) and had a prior conviction in 1984 for possession of a controlled substance for sale (Health & Saf. Code, § 11370.2).

Defendant had moved in limine to exclude the prior convictions for impeachment purposes. The court ruled that, under Evidence Code section 352, the prosecution could use either a 1982 robbery or a 1989 sale of “bunk cocaine” to impeach defendant but could not use the 1984 conviction for possession of a controlled substance for sale or a 1988 conviction for simple possession. However, defendant preempted the prosecutor and on direct examination admitted both priors.

Statement of Facts

Discussion

I. The trial court did not abuse its discretion by allowing the use of defendant’s prior convictions for impeachment purposes.*

II. Defendant’s guilt phase admission was properly used in the bifurcated enhancement phase to prove the prior…