Almarez

Alfred Rodriguez Almarez is appealing his conviction for burglary (Pen. Code, § 459), for which he was sentenced to the high term of six years in prison. He contends: I. His Penal Code section 995 motion should have been granted due to insufficient evidence at the preliminary hearing, n. The trial court should have granted his motion to dismiss for lack of a speedy trial. HI. The trial court should have instructed on trespass. IV. The trial court should have granted his motion to preclude impeachment with his prior felony convictions in the event he testified. (People v. Beagle (1972) 6 Cal.3d 441 [ 99 Cal.Rptr. 313 , 492 P.2d 1 ].)

We reverse on the ground that the trial court’s failure to exercise its discretion to exclude the prior felony convictions (People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ]) was prejudicial as it resulted in appellant’s failure to testify (People v. Rist (1979) 16 Cal.3d 211 [ 127 Cal.Rptr. 457 , 545 P.2d 833 ]).

At the trial, David Gladding testified that he returned from work on August 22, 1983, to discover that his apartment had been ransacked. The bedroom window was broken, as if someone had taken a crowbar and…