Ballard

People v. Ballard

Good Law
13 Cal. App. 4th 687·16 Cal. Rptr. 2d 624·1993 Cal. App. LEXIS 149·93 Cal. Daily Op. Serv. 1149
Court of Appeal of CaliforniaFebruary 18, 1993A056399California4,272 words

Opinion

Opinion

Peterson, J.

In this case, we conclude the felony of indecent exposure is a crime of moral turpitude, and a prior conviction for this crime is admissible “without limitation” for purposes of impeachment. (Cal. Const., art. I, § 28, subd. (f).)

Appellant was found guilty of two counts of indecently exposing himself, for masturbating near women in movie theaters, and two counts of lewd conduct arising from the same events. He contends reversal is required because: (1) He was improperly impeached with evidence of a prior felony conviction—since he claims the prior conviction, for indecent exposure, did not involve moral turpitude; (2) two prior instances of indecent exposure at department stores were improperly adduced, in order to show wrongful intent in the latest incidents; (3) the trial court erred in admitting rebuttal evidence of a photograph, showing the clothing appellant was wearing at the time of arrest; and (4) the trial court erred in sentencing.

We conclude a felony conviction for indecent exposure is a crime of moral turpitude which could be used to impeach appellant’s testimony, and find no prejudicial abuse of discretion in the trial court’s evidentiary rulings.…

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