(DOWNLOAD) "People v. Hardy" by Colorado Court of Appeals No. 82CA0878 * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Hardy
- Author : Colorado Court of Appeals No. 82CA0878
- Release Date : January 22, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
Opinion by JUDGE KELLY The defendant, Bradley G. Hardy, appeals his judgment of conviction of second degree burglary entered upon a jury verdict. He contends that the trial court erroneously permitted the prosecution on cross-examination to inquire into the details of his two prior felony convictions. We affirm. On direct examination defendant testified that in 1978 he had pleaded guilty to felony theft, and in 1980 had pleaded guilty to carrying a concealed weapon. On cross-examination, defendant objected when the prosecutor began to question him about his convictions. However, the court permitted the inquiry and the prosecutor briefly questioned defendant about what was involved in each felony. Defendant testified that he had a .38 special in his car, and had been taking beer out of an open train car. The prosecutor then asked, You're currently awaiting serving time for that [offense], are you not? Defendant replied, Yes, sir. His counsel objected, and the objection was sustained after an off-the-record bench conference. No contemporaneous curative instruction was given. In closing argument, the prosecutor referred to the circumstances of the offenses in commenting on defendant's credibility.
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