People v. Garrett

Opinion

LUCAS, J.

I

Facts

Darrin A. Garrett was charged by information with murder (Pen. Code, § 187), with an allegation that he personally used a firearm in the commission of the offense (Pen. Code, §§ 12022.5, 1203.06, subd. (a)(1)). Garrett’s motion to exclude his prior felony conviction of conspiracy to possess an unregistered firearm for the purpose of impeachment was denied. Garrett did not testify at trial. In an offer of proof, under oath and outside the presence of the jury, he stated his decision not to testify was based on the court’s ruling allowing impeachment with his prior…