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Name: People v. Feaster
Case #: B153449
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 10/10/2002
Subsequent History: Rev. denied 1/15/03.

During appellant’s trial for assault with a firearm, appellant was not permitted to impeach a prosecution witness with his prior felony conviction of Penal Code section 246.3, negligent discharge of a firearm. The trial court concluded that it was not a crime of moral turpitude, and that even if it were, it would be excluded under Evidence Code section 352, as it was a 12-year-old conviction and there had been no intervening convictions. The appellate court here held that a violation of section 246.3 did constitute a crime of moral turpitude, but that the prior conviction was appropriately excluded under section 352, and that any error was harmless. The appellate court also rejected appellant’s argument that his rights under the Sixth and Fourteenth Amendments were violated by instructing the jury with CALJIC 17.41.1. There was no evidence of jury deadlock, juror intimidation, or a juror not following the law here, and therefore the argument was meritless.