People v. Martinez
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
WISEMAN, J.
The published portion of this opinion clarifies the meaning of the term “convicted” as used in Evidence Code section 78,8, which addresses when the credibility of a witness may be attacked. Defendant was convicted by jury of felony driving under the influence the week before his trial in this case. At the time he testified in the case which is the-subject of this appeal, sentencing in the earlier case had not yet occurred. The trial court allowed him to be impeached in the new case with the jury conviction even though he had not yet been sentenced on the prior wobbler…
2Cases cited17 opinions
- People v. WheelerCalifornia Supreme Court · 1978
- People v. AlvarezCalifornia Supreme Court · 1996
- People v. DavisCalifornia Supreme Court · 1995
- People v. CudjoCalifornia Supreme Court · 1993
- People v. BanksCalifornia Supreme Court · 1959
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. ChavezCalifornia Supreme Court · 2018
- People v. RogersCalifornia Supreme Court · 2013
- People v. AmonsCalifornia Court of Appeal · 2005
- People v. MoomeyCalifornia Court of Appeal · 2011
- People v. Casillas, California Court of Appeal, 5th District2017
7 more not listed; retrieve them via the Exa API.