People v. Williams

Good Law
1999 Cal. App. LEXIS 601·72 Cal. App. 4th 1460·86 Cal. Rptr. 2d 62·99 Daily Journal DAR 6415·99 Cal. Daily Op. Serv. 5045
Court of Appeal of CaliforniaJune 23, 1999D031496California1,682 words

Opinion

Opinion

Benke, J.

Marcel Xavier Williams (Williams) appeals following his conviction of possession of cocaine base for sale, in violation of Health and Safety Code section 11351.5. Williams, whose testimony was rejected by the jury, asserts that it was error to have permitted the prosecutor to impeach his credibility with a prior conviction for a violation of Penal Code section 69. Williams argues that the trial court erred when it determined that section 69 was a crime involving moral turpitude. We disagree, and affirm.

Background

Prosecution Case

Williams has been a crack cocaine addict since 1982. He and a companion crossed the street against a red light in a high drug sales area, which is often frequented by drug sellers operating in pairs. Williams ignored a police officer’s request to halt, and kept on walking. When he was finally stopped by an officer, Williams had in his pants pocket a sunglasses case containing 14 units of rock cocaine, with a total weight of 1.63 grams. The cocaine rocks in the case were in varying sizes, which would be sold for differing amounts.

When the cocaine rocks were discovered, Williams tried to run away, but the arresting officer chased him and…

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