Chapman

Factual and Procedural Background

Appellant Nashon Chapman was charged by information in count 1 with brandishing a firearm in a threatening manner in a police officer’s presence (Pen. Code, § 417, subd. (b)) and in count 2 with being a felon in possession of a firearm (§ 12021). The information also alleged that Chapman had a prior felony conviction for possession of narcotics. He pleaded not guilty to the offenses and denied the allegation of a prior conviction.

Prior to jury selection the court and counsel discussed the question of whether appellant would admit the prior conviction. It was initially indicated that appellant would not admit the prior and the court stated: “All right, and Mr. Chapman realizes that that will make it clear to the jury that he has been convicted of that offense, and that they could be considering that, and that is an offense, possession of narcotics, which, should he take the stand and testify, I would not consider a crime of moral turpitude and therefore would not be usable to impeach him, impeach his credibility. But the jury will know about it if it has to be proven by the District Attorney. So he understands all that? Mr. Chapman, do…