White
People v. White
Opinion
Opinion
[Opinion certified for partial publication. [*] ]
OPINION
BUCKLEY, J.
Following trial on an information alleging 18 counts of various offenses, appellants David Alman White and Tommy Carl Naus were convicted of a conspiracy to sell methamphetamine. (Pen. Code, § 182; Health & Saf. Code, § 11379.) [1]
In the published portion of this opinion we hold that a conviction of Penal Code section 246 (discharging a firearm at an inhabited dwelling house) is a crime of moral turpitude as defined in People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal. Rptr. 719 , 696 P.2d 111 ] and therefore admissible for purposes of impeachment. [2*]
We will affirm.
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(1a) In a case of first impression, we are asked to decide whether shooting into an inhabited dwelling (Pen. Code, § 246) is a crime of moral turpitude within the meaning of People v. Castro, (1985) 38 Cal.3d 301 [ 211 Cal. Rptr. 719 , 696 P.2d 111 ].
At trial, the prosecution was allowed to impeach White with his 1978 conviction of Penal Code section 246. [5] White contends the trial court erred in its assessment of Penal Code section 246 as a crime of moral turpitude.