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PEOPLE v. SPEARMAN

Docket No. Crim. 20024.

25 Cal.3d 107 (1979)

599 P.2d 74

157 Cal. Rptr. 883

THE PEOPLE, Plaintiff and Respondent, v. ALBERT SPEARMAN, Defendant and Appellant.

Supreme Court of California.

August 30, 1979.

Attorney(s) appearing for the Case

COUNSEL

Byron E. Countryman, under appointment by the Supreme Court, for Defendant and Appellant.

Paul Halvonik, State Public Defender, Charles M. Sevilla, Chief Assistant State Public Defender, and Jonathan B. Steiner, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Frederick R. Millar, Jr., Alexander W. Kirkpatrick and Ann Rushton, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BIRD, C.J.

(1a) This court must determine whether a person may be impeached with a prior conviction of possession of heroin for sale when he is being tried for that same offense.

I

Appellant, Albert Spearman, was arrested by Pasadena Police Officer Martin on April 22, 1975. A substance containing heroin was discovered in a hole in the rear bumper of a car appellant was driving. He was charged...

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