Opinion
C054011 C054462
9-3-2008
THE PEOPLE, Plaintiff and Respondent, v. SEAN ALAN OBRIEN, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. TYLER ADAM DICKSON, Defendant and Appellant.
Not to be Published
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on August 4, 2008, be modified as follows:
1. The last paragraph on page 71 is deleted and replaced with the following paragraph:
The Arizona misdemeanor conviction was not admissible. Misdemeanor convictions are not admissible in California. (People v. Wheeler (1992) 4 Cal.4th 284, 296.) Conduct amounting to a misdemeanor is admissible subject to the relevance requirement of moral turpitude. (Ibid.) Possession of narcotic paraphernalia, however, is not an act of moral turpitude. (People v. Cloyd (1997) 54 Cal.App.4th 1402, 1409.) Defendants would not have been allowed to impeach Dr. Rollins with the misdemeanor evidence.
2. In the first paragraph on page 72, delete the fourth sentence and replace with the following sentence:
And, standing alone, Dr. Rollinss conduct of being addicted and unlawfully possessing narcotics were not acts of moral turpitude.
This modification does not change the judgment.
OBriens petition for rehearing is denied.
THE COURT:
SCOTLAND, P. J.
BLEASE, J.
NICHOLSON, J.