United States v. Thomas L. Larsen

Good Law
596 F.2d 347·4 Fed. R. Serv. 79·1979 U.S. App. LEXIS 16489
United States Court of Appeals for the Ninth CircuitMarch 5, 197978-1579California523 words

Opinion

Opinion

Thomas L. Larsen appeals his conviction on two counts of uttering counterfeit government obligations, in violation of 18 U.S.C. § 472 . He argues six points of error, only one of which requires consideration, and none of which requires reversal.

Trial was held in the Central District of California before the Honorable A. Andrew Hauk, Defendant having waived his right to trial by jury. After the Government rested, Defendant called himself as his sole witness, and in effect denied having committed either of the alleged crimes. On cross-examination the Government offered, as and for impeachment purposes, evidence to the effect that Defendant pled guilty in two different 1975 cases in Los Angeles Superior Court to charges of child molesting, a felony under California Penal Code § 288. The Court admitted the convictions into evidence with no objections.

As Defendant did not object to the admission of the prior convictions, we must apply the “plain error” doctrine on appeal. That is, reversal is required only if the error is plain and if the unobjected-to error is “seriously prejudicial” to the defendant. United States v. Lopez, 575 F.2d 681, 685 (9th Cir. 1978); Reisman v. United…

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