California, United States of America
The following excerpt is from People v. Franklin, C083294 (Cal. App. 2018):
5. We note that defendant does not argue he was incorrectly impeached with the fact of his conviction itself, rather than the underlying conduct. (See People v. Wheeler (1992) 4 Cal.4th 284, 300 ["[E]vidence of a misdemeanor conviction, whether documentary or testimonial is inadmissible hearsay when offered to impeach a witness's credibility. [] However, defendant waived any hearsay claim by making no trial objection on that specific ground," fn. omitted].) Instead, defendant argues the admission was prejudicial pursuant to Evidence Code section 352, in large part because the crime of impeachment was "nearly identical" to the current crimes.
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