White

People v. White

Good Law
4 Cal. App. 4th 1299·6 Cal. Rptr. 2d 259
Court of Appeal of CaliforniaMarch 25, 1992Docket Nos. F014112, F014375California1,981 words

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.

This court summarized the Castro…

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