Tuesday, March 22, 2016

P v. Aguilar (2nd Dist., Div.8) Having a Pistol in Your Car is a Crime of Moral Turpitude

Mr. Aguilar testified in his own defense at his trial.  The trial court allowed the state to impeach Aguilar with his prior conviction for transporting a pistol in his car, PC  25400(a)(1).  A jury convicted Aguilar and he appealed.

The Second District affirms, finding it was proper to allow the state to impeach Aguilar with his 25400(a)(1) conviction because having a pistol in your car is a crime of "moral turpitude", often defined as "a readiness to do evil" or "having lax morals".

For some fun, read this opinion and then read Justice Alito's concurrence in Caetano v. Massachussets and see if you find any common ground.

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