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Name: People v. Chavez
Case #: C032716
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/05/2000
Subsequent History: Petition for review den. 1/24/01

There was no abuse of discretion where, in a prosecution for robbery, the court admitted appellant’s prior misdemeanor conviction for sexual battery. Sexual battery is a crime of moral turpitude. The prior conduct was recent. Appellant’s prior and present offenses were substantially different so that the prejudicial effect was limited. It must be assumed that the jury followed the instruction which told them to consider the evidence for impeachment purposes only. Moreover, the “spirit” of Proposition 8 supported the trial court’s decision.