Sanders

People v. Sanders

Good Law
10 Cal. App. 4th 1268·13 Cal. Rptr. 2d 205·1992 Cal. App. LEXIS 1297·92 Daily Journal DAR 15029·92 Cal. Daily Op. Serv. 9100
Court of Appeal of CaliforniaNovember 5, 1992No. F015952California2,093 words

Opinion

Lead Opinion

Thaxter, J.

Appellant Bobby Lee Sanders was convicted by a jury on one count of lewd and lascivious conduct with a child under the age of 14. (Pen. Code, 1 § 288, subd. (a).) He was sentenced to six years in state prison, less presentence custody credits.

On appeal, Sanders argues the trial court erred in permitting his impeachment with proof of a prior felony conviction for child endangerment (§ 273a, subd. (1)). We hold that child endangerment is not a crime of moral turpitude, so that impeachment by use of that conviction was improper under People v. Castro (1985) 38 Cal.3d 301 [ 211 Cal.Rptr. 719 , 696 P.2d 111 ]. Applying the Watson 2 standard of harmless error, however, we conclude it is not reasonably probable a result more favorable to appellant would have been reached absent the error. We also hold that Sanders waived his right to raise an issue of alleged prosecutorial misconduct. Accordingly, we affirm.

Facts

Until February 9, 1990, eight-year-old Melissa R. and her younger brother lived with their mother, Samantha R., and her mother’s boyfriend, appellant Sanders. On February 8, 1990, Sanders spanked Melissa with a belt. The next day she told her school principal, and…

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