Moten

Defendant was charged in Placer County with the crimes of murder and attempted robbery together with an allegation of firearm use. The special circumstance of murder in the attempted commission of a robbery was also alleged. However, the People elected not to seek the death penalty.

Following an order of change of venue to Alameda County, the jury returned a verdict finding defendant guilty of second degree murder and the firearm use allegation to be true.

Defendant was sentenced to 15 years to life plus 2 years for firearm use. Defendant now appeals raising claims of instructional and procedural error. We will affirm for the reasons discussed hereafter.

Facts *

Discussion

I. Accessory After the Fact

II. Felony Impeachment

In the proceedings below, defendant filed a motion in limine to exclude for impeachment purposes his prior felony convictions for robbery, burglary and sale of heroin. The trial court ultimately ruled that defendant’s three *768 convictions for sale of heroin and two convictions for burglary would be admissible, but that his robbery conviction would be inadmissible.

Defendant now argues the trial court erred in permitting impeachment by…