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Name: People v. Malone
Case #: C043173
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/28/2003
Subsequent History: None

Appellant’s first trial for burglary and fraudulent checks resulted in a mistrial when the jury deadlocked. In a second trial, the trial court allowed the prosecutor to read appellant’s testimony from the first trial to the jury after appellant elected not to testify. The testimony included appellant’s admissions of his prior convictions. The appellate court here affirmed appellant’s conviction. The admissions concerning the prior convictions were properly admitted under Evidence Code section 1291 (prior testimony where witness unavailable). The admission of the testimony did not violate appellant’s privilege against self-incrimination, which he had already waived in the first trial.