CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Witness Credibility Evidence
......Prior Convictions
.........Admitting Prior Felonies-Procedure
9 Cards On This Topic:

D precluded from appealing trial court ruling re admissibility of prior, where D fails to testify; Evid. Code §352 discretion maintained.

D did not testify, so claim of error re impeach. by prior felonies waived; D's contentions re admissibility of evidence of priors rejected.

A criminal D must testify in order to preserve for appeal trial ct.'s ruling on admissibility of prior misconduct impeachment evidence.

W who is impeached with prior conviction may not be rehabilitated by asking him to explain circumstances surrounding conviction.

D must testify at retrial in order to preserve claim for improper impeachment with prior felony conviction.

Application of factors in exercising discretion.

Record must reflect court weighed probative value of prior conviction for impeachment against its prejudicial effect.

Number of priors to be admitted is one of factors to be considered in weighing process.

Failure to exercise discretion in admitting priors not reversible if reasonable exercise of discretion would not justify exclusion.