People v. Maldonado CA4/1

BACKGROUND

This case involves a series of theft-related offenses that occurred between

September and November 2012. (Undesignated date references are to the year 2012.) In

sum, Maldonado possessed stolen mail, checks and a money order, cashed or attempted

to cash fraudulent checks at two banks, and attempted to flee from an officer after one of

the bank incidents. We summarize the relevant facts below as they pertain to each of

Maldonado's arguments.

DISCUSSION

I. Prior Offense Evidence

A. Background

Maldonado had five prior felony convictions, including assault with a deadly

weapon in 1996, assault on a peace officer in 2001, making a criminal threat in 2002,

vehicle theft in 2005, and theft of personal property in 2010.

Maldonado's counsel informed the court that Maldonado intended to testify on his

own behalf and requested that the court exclude evidence of Maldonado's prior

convictions under Evidence Code section 352. Defense counsel argued the prior

convictions were prejudicial and remote in time. The People opposed Maldonado's

request, contending the jury was entitled to hear about crimes involving moral turpitude

and the evidence was…