White

People v. White

Good Law
1992 Cal. App. LEXIS 371·4 Cal. App. 4th 1299·6 Cal. Rptr. 2d 259·92 Daily Journal DAR 4090·92 Cal. Daily Op. Serv. 2605
Court of Appeal of CaliforniaMarch 25, 1992Nos. F014112, F014375California1,919 words

Opinion

Lead Opinion

Buckley, J.

Following trial on an information alleging 18 counts of various offenses, appellants David Alman White and Tommy Carl Naus were convicted of a conspiracy to sell methamphetamine. (Pen. Code, § 182; Health & Saf. Code, § 11379.)

In the published portion of this opinion we hold that a conviction of Penal Code section 246 (discharging a firearm at an inhabited dwelling house) is a crime of moral turpitude as defined in People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ] and therefore admissible for purposes of impeachment. 2 *

We will affirm.

Statement of Facts - Discussion, II. †

III.

Is Shooting Into an Inhabited Dwelling a Crime of Moral Turpitude?

In a case of first impression, we are asked to decide whether shooting into an inhabited dwelling (Pen. Code, § 246) is a crime of moral turpitude within the meaning of People v. Castro, (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ].

At trial, the prosecution was allowed to impeach White with his 1978 conviction of Penal Code section 246. 5 White contends the trial court erred in its assessment of Penal Code section 246 as a crime of moral turpitude.

*1302 This court summarized the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.