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PEOPLE v. BURNS

Docket No. B007046.

189 Cal.App.3d 734 (1987)

234 Cal. Rptr. 547

THE PEOPLE, Plaintiff and Respondent, v. HERBERT BURNS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

February 18, 1987.

Attorney(s) appearing for the Case

COUNSEL

Joseph F. Walsh, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Gary R. Hahn and Patra Woolum, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JOHNSON, J.

The sole issue on appeal is whether, after Proposition 8, the trial court retains discretion to exclude evidence of a remote prior conviction offered to impeach the testimony of a witness in a criminal trial.1

We hold the trial court does retain such discretion. Because the trial court understandably, but erroneously, failed to...

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