Hall

People v. Hall

Good Law
23 Cal. App. 5th 576·232 Cal. Rptr. 3d 865
Court of Appeal of CaliforniaMay 18, 2018A147923California11,779 words

Opinion

lead Opinion

Dondero, J.

*579 INTRODUCTION

A jury convicted defendant of first degree murder with personal use of a knife. ( Pen. Code, 1 § 187, subd. (a), 12022, subd. (b)(1).) On appeal, defendant argues the trial court abused its discretion and violated his Fifth, Sixth, and Fourteenth Amendment rights by allowing his impeachment with the conduct underlying a misdemeanor conviction for possession of a weapon, in which he threatened a person with a large knife. We agree, and reverse the judgment of conviction.

STATEMENT OF THE CASE

In September 2013, the Alameda County District Attorney filed an information charging defendant Gregory Hall with the first degree murder of Michael Bradley on or about June 14, 2012, a serious and violent felony. The information further alleged that defendant personally used a knife in the commission of the crime, that he had suffered two prior serious felony convictions, and that he was subject to the three strikes law. ( *580 §§ 187, subd. (a) ; 12022, subd. (b)(1); 667.5, subd. (c); 1192.7, subd. (c)(23); 667, subd. (a)(1); 667, subd. (e)(2)/1170.12, subd. (c)(2).)

In December 2015, a jury found defendant guilty of murder and found true the personal use of a knife…

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