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Name: People v. Robinson
Case #: B223311
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/28/2011
Subsequent History: rev. denied 1/4/2012
Summary

A prior conviction for possession of a firearm by a felon is a crime of moral turpitude and is admissible to impeach the defendant if the trial court conducted the analysis required by Evidence Code section 352. Robinson was charged with battery on a correctional officer. He testified at trial and was impeached with his prior conviction for Penal Code section 12021, subdivision (a)(1). Several cases have held that possession of a firearm by a felon is a crime of moral turpitude as it denotes a “readiness to do evil.” That is based on a review of the minimum statutory elements of the offense. The trial court engaged in the required analysis and did not abuse its discretion in determining that the probative value outweighed the danger of undue prejudice.