Broder

A jury convicted defendant of second degree burglary (Pen. Code, § 459) and, in a bifurcated proceeding (see People v. Bracamonte (1981) 119 Cal.App.3d 644, 650 [ 174 Cal.Rptr. 191 ]), found true a special allegation that defendant served a prior prison term for burglary (Pen. Code, § 667.5, subd. (b)). Defendant appeals from the judgment sentencing him to state prison, contending the court erred in denying his motion to prohibit use of his prior conviction for impeachment should he testify and his motion to exclude an extrajudicial identification and in-court testimony based thereon. We conclude the court properly denied defendant’s motion to exclude identification testimony. However, we conclude the court erred in denying defendant’s motion to prohibit use of his prior conviction for impeachment and that the error requires reversal.

Factual and Procedural Background

The facts may be briefly stated. On March 4, 1982, Ray and Juanita McCall lived at 8182 Sunrise Boulevard in Sacramento County. In the early afternoon, their neighbor, a young man, came to their house to use the telephone, and the McCalls told him they were soon going shopping. At approximately 2 p.m. the…