People v. Bedolla

Bedolla testified that he had taken the day off from work to celebrate Halloween with his cousin in San Jose. A coworker drove him in the morning to his cousin's house. The group was drinking and pressured him into joining them. He had beer and about 10 shots, or half a bottle, of cognac. He joined his cousin's neighbor, Mariscal, to meet one of Mariscal's cousins. They were dropped off near the area where they were later arrested. While they waited for the cousin to pick them up, Bedolla knocked on the door of a neighbor's house to trick-or-treat. The neighbor gave him candy.

Bedolla was drunk. He thought he could get more candy. He had seen A.D. ride by on his bicycle and go inside the house. He began knocking on A.D.'s door. He was confused why no one answered so he knocked a few more times. Mariscal was standing on the sidewalk waiting for the cousin to show up. Bedolla was about to give up and walk off when Mariscal came to the door and started kicking it. Mariscal kicked the door about 10 times using the bottom of his shoe. Bedolla eventually tried to pull him away and told him to stop. They were walking away when Bedolla heard a siren. A police vehicle pulled up and the officer confronted them with his gun drawn. Bedolla was compliant and did not run. He did not intend to burglarize the house and was not casing the neighborhood.

I. SECTION 667.5, SUBDIVISION (C)(21) ALLEGATION

DISCUSSION

The information charged Bedolla with attempted first degree burglary and alleged that a person not an accomplice was present in the residence during

Outside the presence of the jury and before issuing the jury instructions, the trial court explained that it would give the additional instruction for voluntary intoxication ( CALCRIM No. 3426 ) based on "testimony by defendant he was intoxicated[,] so the jury can consider that." It informed the parties that the court would "include the appropriate intent and the appropriate charge," which it identified as "the intent is to enter the building with the intent to commit theft," noting that there was a separate instruction to define theft. Defense counsel sought clarification but did not object to the proposed instruction.

B. Contentions

Bedolla contends that the instruction for the jury to consider the intoxication evidence "only in deciding whether the defendant acted with the intent to commit theft" ( CALCRIM No. 3426 ) conflicted with the earlier instruction based on CALCRIM No. 404 and prevented the jury from fully considering his defense, violating his due process rights under the Fourteenth Amendment. He argues that the jury should have considered evidence of intoxication as a defense (1) to the knowledge and intent requirements for conviction as an aider and abettor, and (2) as a defense to the mental state for attempted burglary, including intent to enter a building to commit a felony

Hillhouse , supra , 27 Cal.4th at p. 503, 117 Cal.Rptr.2d 45 , 40 P.3d 754 .) The defendant argued on appeal that motive was an element of those crimes. The Supreme Court reasoned that if the defendant had been correct (though he was not), the instruction "would have contradicted other instructions regarding the elements of the crimes." ( Ibid . ) Because "[i]nstructions regarding the elements of the crime affect the substantial rights of the defendant," no objection was required for appellate review. ( Ibid . ) The court distinguished this type of elemental error from the general premise that "[a] party may not argue on appeal that an instruction correct in law was too general or incomplete, and thus needed clarification, without first requesting such clarification at trial." ( Ibid . ; People v . Hart (1999) 20 Cal.4th 546 , 622, 85 Cal.Rptr.2d 132 , 976 P.2d 683 .)

Here, the asserted error is not a contradiction "regarding the elements of the crimes." ( Hillhouse , supra , 27 Cal.4th at p. 503, 117 Cal.Rptr.2d 45 , 40 P.3d 754 .) The trial court properly

reasonable probability the error affected the verdict adversely to defendant.' " ( Mendoza , supra , 18 Cal.4th at pp. 1134-1135, 77 Cal.Rptr.2d 428 , 959 P.2d 735 .)

The California Supreme Court's analysis of similar claims in cases like Castillo and People v. Hughes (2002) 27 Cal.4th 287 , 116 Cal.Rptr.2d 401 , 39 P.3d 432 ( Hughes ) helps guide our analysis.

and intent to aid and abet him ( CALCRIM No. 404 ). Guilt as a direct perpetrator required the jury to find that Bedolla intended to commit burglary, defined by the court as entry into a building with the intent to commit theft (CALCRIM Nos. 460, 1700), and any evidence of Bedolla's voluntary intoxication could be considered "only in a limited way"-that is, "only in deciding whether the defendant acted with the intent to commit theft" ( CALCRIM No. 3426 ). The instruction defined "voluntary intoxication" for the jury and clarified the scope of the limiting language, reiterating that "[i]n connection with the charge of attempted burglary, the People have the burden of proving beyond a reasonable doubt that the defendant acted with the intent to commit theft. If the People have not met this burden, you must find the defendant not guilty of attempted burglary."

Viewing the instructions "as a whole" ( Mendoza , supra , 18 Cal.4th at p. 1134, 77 Cal.Rptr.2d 428 , 959 P.2d 735 ) and with due consideration for the jurors' capability to " ' " 'understand[ ] and correlat[e]' " ' " them ( People v . Guerra , supra , 37 Cal.4th at p. 1148, 40 Cal.Rptr.3d 118 , 129 P.3d 321 ), we find it is not reasonably likely that the jury would have misconstrued CALCRIM No. 3426 as Bedolla contends. The direction to consider evidence of voluntary intoxication "only in a limited way" and "only in deciding whether the defendant acted with the intent to commit theft" was set amid the instructions on the direct perpetrator theory of guilt. A CALCRIM No. 200 instruction emphasized the jury's mandate to "[p]ay careful attention to all of these instructions and consider them together" and to apply the "ordinary[,] everyday meanings" to words and phrases not specifically defined in the instructions. It is evident from the final sentence of CALCRIM No. 3426 that the direction for the jury to apply any intoxication evidence only to the "intent to commit theft" was "[i]n connection with the charge of attempted burglary" as a direct perpetrator. A contrary understanding would have required the jury to disregard both the " 'entire charge of the court' " ( Castillo , supra , 16 Cal.4th at p. 1016, 68 Cal.Rptr.2d 648 , 945 P.2d 1197 ) and the context for the limiting language in CALCRIM No. 3426.

Just as "[n]o reasonable juror" in Castillo would have understood instructions to permit the consideration of intoxication in deciding one type of mental state but not another ( Castillo , supra , 16 Cal.4th at pp. 1016-1017, 68 Cal.Rptr.2d 648 , 945 P.2d 1197 ), we find it would strain credulity for the jury in this case to have interpreted CALCRIM No. 3426 as negating a clear instruction on an altogether different theory of liability.

The fact that there was a commonsense, noncontradictory way to read the instructions distinguishes this case from others cited by Bedolla. (See, e.g., People v . Lewelling (2017) 16 Cal.App.5th 276 , 296-299, 224 Cal.Rptr.3d 255 [inaccurate instructions grossly misled jury about the definition of a key

the false identification conviction because it was a crime of moral turpitude appropriate for impeachment if Bedolla were to testify.

As for the juvenile adjudication, the court initially denied the motion under Evidence Code section 352. It recognized that whether the firearm offense qualified as a crime of moral turpitude was an open question, finding some support in cases that held similar crimes involving concealed weapons to be crimes of moral turpitude. But the court was concerned about potential prejudice. It observed that while the juvenile adjudication "is suggestive certainly of a crime of moral turpitude because of a readiness to do evil, there are some prejudice issues that the Court needs to consider when you're talking about the defendant potentially having a weapon in a case where there is no weapon charged, that the jury could use that for an improper purpose in this case." Since the prosecution would be able to impeach Bedolla with his prior conviction for providing false identification, the court found the "[a]dditional marginal relevance for further impeachment ... outweighed in this case by the potential prejudice or undue consumption of time, confusion of issues to the jury, particularly in a case where it's not one clearly found under the law to be a crime of moral turpitude."

The prosecutor then suggested that the court allow a sanitized reference to the offense as a crime of moral turpitude but without mention of a weapon.

the person or in a vehicle while in a public place, in violation of section 25850, subdivision (a), is a crime of moral turpitude. We consider this question and, relatedly, whether the violation has "some logical bearing on" veracity ( Harris , supra , 37 Cal.4th at p. 337, 33 Cal.Rptr.3d 509 , 118 P.3d 545 ).

People v . Aguilar (2016) 245 Cal.App.4th 1010 , 200 Cal.Rptr.3d 202 ( Aguilar ) provides the relevant framework for our review. "Whether a particular conviction involves moral turpitude is a question of law for the court to resolve. ( People v . Collins (1986) 42 Cal.3d 378 , 390, 228 Cal.Rptr. 899 , 722 P.2d 173 .) In making that determination, courts follow the 'least

People v . Wheeler (1992) 4 Cal.4th 284 , 296, 14 Cal.Rptr.2d 418 , 841 P.2d 938 , "the admissibility of any past misconduct for impeachment is limited at the outset by the relevance requirement of moral turpitude." For this reason, a prior criminal conviction involving moral turpitude will be considered at least minimally relevant to the witness' credibility. ( People v . Collins , supra , 42 Cal.3d at p. 389, 228 Cal.Rptr. 899 , 722 P.2d 173 [a conviction is inadmissible under Castro if it does not necessarily involve moral turpitude].) In People v . Robinson (2005) 37 Cal.4th 592 , 36 Cal.Rptr.3d 760 , 124 P.3d 363 , the court reaffirmed the connection between moral turpitude and relevance for impeachment by stating that the misdemeanor convictions "reflected a crime of moral turpitude and therefore were relevant to the witnesses ' honesty and veracity ." ( Id . at p. 626, 36 Cal.Rptr.3d 760 , 124 P.3d 363 , italics added; see also Wheeler , supra , 4 Cal.4th at p. 295, 14 Cal.Rptr.2d 418 , 841 P.2d 938 ["[m]isconduct involving moral turpitude may suggest a willingness to lie ...."].)

California's appellate courts have applied this logic to uphold the admissibility of prior criminal conduct for impeachment, hinged not on a finding that the prior offense involves dishonesty but on a finding that it threatens serious harm to the public and so implicates a " ' "general readiness to do evil" ' " constituting moral turpitude. (See, e.g., People v . Gabriel , supra , 206 Cal.App.4th at p. 458, 141 Cal.Rptr.3d 784 [possession of illegal assault weapon may "cause greater harm to the public than general firearms"]; People v . Rivera (2003) 107 Cal.App.4th 1374 , 1382, 133 Cal.Rptr.2d 176 [possession of deadly weapon with intent to commit an assault "represents a degree of public harm significantly greater than simple assault or simple drug possession" and exhibits conduct indicating " ' "general readiness to do evil" ' "]; Aguilar , supra , 245 Cal.App.4th at p. 1018, 200 Cal.Rptr.3d 202 [carrying a concealed firearm " 'presents a

manifest miscarriage of justice.' " ( People v . Ledesma (2006) 39 Cal.4th 641 , 705, 47 Cal.Rptr.3d 326 , 140 P.3d 657 ( Ledesma ).) The erroneous admission of evidence to impeach a witness' credibility is harmless if after a review of the entire record demonstrates "it is not reasonably probable that a result more favorable to defendant would have occurred in the absence of error." ( Castro , supra , 38 Cal.3d at p. 319, 211 Cal.Rptr. 719 , 696 P.2d 111 .)

The trial court in this case cited several reasons for initially deciding to exclude the evidence of Bedolla's prior juvenile adjudication. Primary among these was the risk of prejudice to Bedolla that could have arisen from the jury's knowledge that the prior offense involved a weapon. The court admitted the prior adjudication for impeachment only after the parties agreed to remove any reference to a firearm and to specify the offense was nontheft-related, in response to defense counsel's concern that the jury might speculate about the nature of the prior offense.

the sanitized reference to Bedolla's prior violation of section 25850, subdivision (a).

wearing a white t-shirt. A.D. did not know the man, so he returned upstairs and looked out the window for a better view. Another man, wearing a black hoodie, was pacing between the front walkway and the sidewalk. He appeared to be acting as a lookout. Meanwhile, the banging on the front door became louder, like kicking. A.D. heard more than 30 kicks and believed someone was trying to break in. He called his father who told him to call 911.

A City of San Jose police officer arrived at the scene within 30 to 45 seconds of the emergency call. Two men were standing in the driveway of A.D.'s house. They took off running. The officer intercepted them and detained them at gunpoint. One suspect, later identified as Joseph Mariscal, was wearing a black jacket with a gray hoodie. The other, identified as Bedolla, was wearing a white t-shirt. Officers brought Bedolla and Mariscal to the sidewalk in front of A.D.'s house for an in-field identification. A.D. identified them from the upstairs window as the individuals he had seen outside his house.

The front door of A.D.'s house was closed when the officers arrived and was visibly damaged. There was white debris on the door mat and splinters from the door, which was "almost partially open." The damage was consistent with other burglaries in which the front door had been kicked in. Shoe prints on the door matched the shoes worn by Mariscal.

Bedolla admitted that in May 2014 he gave a false name to a police officer, and in October 2013, when he was 16 or 17, he committed a felony nontheft-related crime of moral turpitude. He was not so intoxicated on the day of the incident that he did not know what he was doing.

Bedolla's stepfather, Jose Ojeda, testified that he had known Bedolla for six years and had worked with him for the last two years. He believed that Bedolla was honest.

The officer who searched Bedolla did not observe any objective signs of intoxication.

T

he trial court instructed the jury on the charged offense of "attempt[ing] to enter an inhabited dwelling house ... with the intent to commit theft" under two possible theories of liability: as an aider and abettor and/or as a direct perpetrator. The court instructed the jury on the defense of voluntary intoxication under each of these theories. Neither party objected. We review the pertinent instructions in detail in the Discussion section, post .

T

he jury returned a guilty verdict on count 1 and a true finding on the allegation under section 667.5, subdivision (c)(21). The trial court sentenced Bedolla on April 28, 2017, to one year in county jail. Based on presentence credits (429 days of credit, consisting of 215 actual plus 214 conduct), the court deemed the jail term served. The court placed Bedolla on three years of formal probation and imposed fines and fees.

Bedolla timely appealed.

DISCUSSION

Bedolla argues that his conviction for attempted first degree burglary should be reversed because the trial court (1) prejudicially misinstructed the jury on the voluntary intoxication defense and (2) admitted improper impeachment evidence. He also challenges the section 667.5, subdivision (c)(21) allegation, which the People agree must be stricken.

the commission of the attempted burglary, within the meaning of section 667.5, subdivision (c)(21). The jury found the allegation to be true. Bedolla argues the section 667.5, subdivision (c)(21) allegation must be stricken because the evidence at trial showed that neither Bedolla nor Mariscal gained entry to the house. The People agree that section 667.5, subdivision (c)(21) does not apply to attempt crimes and must be stricken.

Section 667.5, subdivision (a) authorizes a sentence enhancement where a prior felony conviction and the new offense are "violent felonies specified in subdivision (c)." Subdivision (c)(21) of that section specifies as one such violent felony "[a]ny burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary." (§ 667.5, subd. (c)(21).) Section 460, subdivision (a) defines "[e]very burglary of an inhabited dwelling house" as burglary of the first degree.

The parties are correct that the allegation was improperly sustained. The plain meaning of section 667.5, subdivision (c)(21) is that a "violent felony" is any first degree burglary where another person, not an accomplice, was present during the burglary's commission. The statute does not refer to attempted burglary, and except as specified, "[s]ection 667.5, subdivision (a), does not apply to attempts to commit the crimes referred to as violent felonies." ( People v . Ibarra (1982) 134 Cal.App.3d 413 , 425, 184 Cal.Rptr. 639 .)

As Bedolla points out, the evidence at trial supported only attempted first degree burglary, because the kicking of the front door while A.D. was home damaged the door but did not result in entry into the home. (Cf. § 459 ["Every person who enters any house ... with intent to commit grand or petit larceny or any felony is guilty of burglary" (italics added) ]; Magness v . Superior Court (2012) 54 Cal.4th 270 , 279, 142 Cal.Rptr.3d 268 , 278 P.3d 259 [reaffirming that for a burglary to have occurred, a part of the body or an instrument must penetrate the outer boundary of the building, in other words "something that is outside must go inside for an entry to occur"].) Because there was no entry into the house and Bedolla was convicted of attempted burglary, the true finding on the special circumstance allegation must be stricken.

A. Background

Evidence of voluntary intoxication is generally admissible on the issue of whether a defendant formed the specific intent required for the crime

and intent to commit theft-that is, to permanently deprive the owner of his property. Instead, he claims that CALCRIM No. 3426 improperly restricted the jury's consideration of intoxication only to a single mental state for attempted burglary. Since the jury returned a general verdict, Bedolla argues that this court has no way of knowing upon which theory of culpability the jury convicted him and whether it applied the proper instructions to reach its conclusion.

The People respond that Bedolla's failure to object to the instruction forfeits the claim on appeal, which in any event fails because the instructions did not conflict and the jury would not have misunderstood them as Bedolla asserts.

C. Analysis

Bedolla relies on the principle that the appellate court may review "any instruction given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby." (§ 1259; see People v . Anderson (2007) 152 Cal.App.4th 919 , 927, 61 Cal.Rptr.3d 903 ["Failure to object to instructional error forfeits the issue on appeal unless the error affects defendant's substantial rights."].) He maintains, citing People v . Hillhouse (2002) 27 Cal.4th 469 , 503, 117 Cal.Rptr.2d 45 , 40 P.3d 754 ( Hillhouse ), that a conflict or contradiction in the instructions affects the substantial rights of the defendant and constitutes reversible error.

We are not persuaded that such a contradiction affecting substantial rights occurred here. In Hillhouse , the challenged instruction told the jury that motive was not an element of the various crimes charged (murder, robbery, and kidnapping for robbery) and need not be shown. (

Castillo involved a claim that the voluntary intoxication instruction erroneously prevented the jury from considering evidence of intoxication on the question of premeditation. ( Castillo , supra , 16 Cal.4th at p. 1015, 68 Cal.Rptr.2d 648 , 945 P.2d 1197 .) The court found that while the jury instruction referred only to "the 'specific intent to kill' ... without also referring to the mental states of premeditation and deliberation" ( id . at pp. 1016-1017, 68 Cal.Rptr.2d 648 , 945 P.2d 1197 ), the trial court had separately instructed that voluntary intoxication could be considered in determining the mental state required. ( Id . at p. 1017, 68 Cal.Rptr.2d 648 , 945 P.2d 1197 .) Considered as a whole, these instructions were sufficient to avert misunderstanding, because "[n]o reasonable juror would understand the instructions to permit the jury to consider intoxication in determining whether defendant specifically intended to kill but to prohibit it from considering that same intoxication in determining whether he premeditated and deliberated." ( Ibid . )

In Hughes , the defendant asserted that an erroneous instruction " 'eviscerated' " his voluntary intoxication defense to charges of murder, robbery, and burglary. ( Hughes , supra , 27 Cal.4th at p. 340, 116 Cal.Rptr.2d 401 , 39 P.3d 432 .) The challenged instruction informed the jury in part that " ' no act committed by a person while in a state of voluntary intoxication is less criminal ' " due to having been intoxicated ( ibid . ), while a different instruction indicated that for the crimes of murder, robbery, and burglary, the jury could consider the defendant's intoxication " ' in determining whether the Defendant had such specific intent and/or mental state .' " ( Ibid . ) The defendant argued that a reasonable juror reading these instructions together "would have been confused by this assertedly contradictory information concerning whether or not evidence of voluntary intoxication may serve as a 'defense' to the formation of the specific intent ... required for murder, robbery, and burglary." ( Id . at p. 341, 116 Cal.Rptr.2d 401 , 39 P.3d 432 .)

The Hughes court recognized that the first instruction was "potentially misleading" ( Hughes , supra , 27 Cal.4th at p. 341, 116 Cal.Rptr.2d 401 , 39 P.3d 432 ) but found it did not "pose[ ] a substantial risk of actually misleading the jury into believing that" it was precluded from considering what was the defendant's primary defense at trial. ( Ibid . ) The court reasoned that the closing arguments of counsel "emphasized, implicitly and explicitly, the correct interpretation of both instructions ...." ( Ibid . ) The court also observed that given the evidence presented to the jury for its consideration, it was not "reasonably 'likely the jury was "misled to defendant's prejudice" ' or that the jury would have understood [the instruction] to operate in the manner asserted" by the defendant. ( Ibid . )

In our case, the theories of liability presented to the jury depended upon distinct mental states. Guilt as an aider and abettor required the jury to find that Bedolla knew that Mariscal intended to commit burglary and intended to help him ( CALCRIM No. 401 ), but if the jury concluded that Bedolla was intoxicated at the time of the attempted burglary, it could "consider" that

evidence in deciding whether he had the requisite knowledge of Mariscal's purpose

element in the case, leading to multiple questions from jurors]; LeMons v . Regents of University of California (1978) 21 Cal.3d 869 , 872, 148 Cal.Rptr. 355 , 582 P.2d 946 [instruction entirely not supported in evidence may have misled jury].)

Here, the prosecutor's closing argument also reinforced a correct understanding of the instructions by stating that if the jurors could not find Bedolla guilty of the attempted burglary as a direct perpetrator, they should "proceed to a new series in the jury instructions, and those are the aiding and abetting instructions, and that instruction starts off at number 400 in the list that you'll be provided in the jury room." (

requiring " 'a reasonable probability the error affected the verdict adversely to defendant' "].) Accordingly, we find no reversible error and need not address Bedolla's constitutional claims.

B

edolla challenges the admission of impeachment evidence based upon a prior juvenile adjudication, which the trial court sanitized to refer to a "felony nontheft-related crime of moral turpitude." He contends that the underlying offense was not a crime of moral turpitude, and the references to "moral turpitude" and "nontheft-related" invited the jurors to speculate about the nature of the offense and Bedolla's character. According to Bedolla, the admission of this impeachment evidence violated his due process rights by permitting the jury to consider improper evidence.

A. Procedural Background

The prosecutor moved in limine to impeach Bedolla with a prior misdemeanor conviction from 2014 for providing false identification to a peace officer (§ 148.9, subd. (a) ) and with a juvenile adjudication from 2013 for carrying a loaded firearm while in a public place (§ 25850, subd. (a) ). The trial court granted the motion as to

adjudicated elements' test set forth in [ People v . Castro (1985) 38 Cal.3d 301 , 317, 211 Cal.Rptr. 719 , 696 P.2d 111 ]. 'The "least adjudicated elements" test means that "from the elements of the offense alone-without regard to the facts of the particular violation-one can reasonably infer the presence of moral turpitude." [Citations.]' [Citation.] 'Crimes involve moral turpitude when they reveal dishonesty, a " 'general readiness to do evil,' " ' ( People v . Gabriel (2012) 206 Cal.App.4th 450 , 456, 141 Cal.Rptr.3d 784 ), or 'moral laxity of some kind' ( People v . Garrett (1987) 195 Cal.App.3d 795 , 798, 241 Cal.Rptr. 10 ( Garrett ) )." ( Aguilar , supra , at p. 1017, 200 Cal.Rptr.3d 202 .)

Aguilar addressed the admissibility of impeachment evidence based on a prior felony conviction for carrying a concealed firearm in a vehicle in violation of section 25400, subdivision (a). ( Aguilar , supra , 245 Cal.App.4th at p. 1011, 200 Cal.Rptr.3d 202 .) The court rejected the defendant's argument that the offense did not involve moral turpitude because it required no affirmative act signifying " ' "a readiness to do evil." ' " ( Id . at p. 1017, 200 Cal.Rptr.3d 202 .) It explained that crimes involving firearms pose a "recognized risk of violence." ( Ibid . ) Neither an intent to injure nor an intent to personally arm oneself are necessary elements for a finding of moral turpitude ( id . at pp. 1018-1019, 200 Cal.Rptr.3d 202 ) because "[a] defendant who intentionally carries a concealed firearm in a vehicle 'which permits him immediate access to the firearm but impedes others from detecting its presence, poses an "imminent threat to public safety." ' " ( Id . at p. 1019, 200 Cal.Rptr.3d 202 .)

Bedolla posits that Aguilar is distinguishable because it features a concealed weapons offense. It is the element of concealment, according to Bedolla, that drives the moral turpitude analysis in Aguilar . To emphasize the distinction between concealment and possession, Bedolla cites In re Charles G . (2017) 14 Cal.App.5th 945 , 223 Cal.Rptr.3d 350 ( Charles G . ). In that case, the court held that a minor can be convicted of both possessing a firearm that is capable of being concealed (§ 29610) and of carrying and concealing a firearm (§ 25400, subd. (a)(2) ), because the offenses address different conduct and serve different purposes. ( Charles G ., supra , at pp. 951-952, 223 Cal.Rptr.3d 350 .) Bedolla also argues in further distinction that while concealing a firearm implies dishonesty, carrying or possessing a firearm carries no such significance. (See People v . Bell (1984) 159 Cal.App.3d 323 , 205 Cal.Rptr. 568 [concluding that a prior conviction for possession of a concealable firearm by a felon had little bearing on veracity and was properly excluded].)

We are not persuaded that carrying a loaded firearm in a public place carries any less taint of moral turpitude than concealing a firearm-loaded or not-on one's person or in a vehicle. Bedolla's effort to distinguish the offense at issue from one involving concealment does not answer whether a violation of section 25850, subdivision

threat to public safety from those with control over and ready access to loaded guns in public ." ( Wade , supra , at pp. 143-144, 201 Cal.Rptr.3d 876 , 369 P.3d 546 , italics added.) This recognition of the danger to the public may be traced to the statement of the Legislature explaining the enactment of the original prohibition against carrying a loaded firearm (codified

"dishonesty as a necessary element" and "merely indicates a 'bad character' and 'general readiness to do evil.' " ( Castro , supra , 38 Cal.3d at p. 315, 211 Cal.Rptr. 719 , 696 P.2d 111 .) Still, it called it "undeniable that a witness' moral depravity of any kind has some 'tendency in reason' ( Evid. Code, § 210 ) to shake one's confidence in his honesty." ( Ibid . ) The court thus concluded that there is "some basis-however tenuous-for inferring that a person who has committed a crime which involves moral turpitude other than dishonesty is more likely to be dishonest than a witness about whom no such thing is known." ( Ibid . ) It cautioned, however, that "the more tenuous ... the connection between the moral defect shown by the conviction and the only defect directly relevant-dishonesty-the more likely" that the court will disallow its use for impeachment. ( Id . at p. 316, 211 Cal.Rptr. 719 , 696 P.2d 111 .)

Subsequent decisions of the California Supreme Court have reinforced the linkage between moral turpitude and California's standard of relevance for impeachment evidence. As stated in

recognized "threat to public order" ' "]; People v . Robinson (2011) 199 Cal.App.4th 707 , 714-715, 131 Cal.Rptr.3d 177 [felon in possession of a firearm presents a danger to public welfare because felons are more likely to use guns for improper purposes].)

In sum, the determination that a prior criminal act is a crime of moral turpitude is tantamount to finding that it may be used for impeachment, subject as always to the trial court's discretion to exclude the evidence under Evidence Code section 352. Insofar as the state legislature has determined that the crime of carrying a loaded firearm in a public poses a grave risk of harm, we conclude that Bedolla's prior juvenile adjudication involves moral turpitude. Under Castro , that is sufficient to make it relevant to his credibility as a witness. ( Castro , supra , 38 Cal.3d at p. 306, 211 Cal.Rptr. 719 , 696 P.2d 111 [California "authorizes the use of any ... conviction which necessarily involves moral turpitude, even if the immoral trait is one other than dishonesty"].) Accordingly, we hold that a prior violation of section 25850, subdivision (a) is admissible to impeach, subject to the court's discretion under Evidence Code section 352.

C. The Trial Court Did Not Abuse its Discretion in Admitting the Sanitized Impeachment Evidence

The trial court has broad discretion in determining the admissibility of evidence. ( Harris , supra , 37 Cal.4th at p. 337, 33 Cal.Rptr.3d 509 , 118 P.3d 545 .) "A trial court's ruling to admit or exclude evidence offered for impeachment is reviewed for abuse of discretion and will be upheld unless the trial court 'exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a

Bedolla argues that the terminology "felony nontheft-related crime of moral turpitude" was highly suggestive and invited the jurors to speculate about the nature of his "moral turpitude." He contends that but for the trial court's admission of the "sanitized" yet "loaded" reference to a prior felony, the jury might have dismissed Bedolla's impeachment with the section 148.9 false identification offense as an isolated incident of youthful indiscretion.

We find no abuse of discretion. Bedolla's credibility was at issue because the nature of his defense was to deny any knowledge of or intent to commit a burglary. This increased the relevance of Bedolla's having admitted to a crime involving moral turpitude only a few years earlier. ( Aguilar , supra , 245 Cal.App.4th at p. 1020, 200 Cal.Rptr.3d 202 [holding it was precisely because "the case was essentially a 'he said-she said' credibility contest" that the defendant's prior conviction of a crime of moral turpitude was highly relevant].) The trial court balanced the relevant factors in weighing the probative value of the evidence for impeachment against the danger of undue prejudice due to the nature of the weapon-related prior offense. ( Evid. Code, § 352.) Under those facts, admitting the sanitized version of the evidence was not unreasonable, let alone arbitrary or capricious. ( Ledesma , supra , 39 Cal.4th at p. 705, 47 Cal.Rptr.3d 326 , 140 P.3d 657 .)

Even if error did occur, we find the prejudice to Bedolla was minimal or nonexistent. The jury instruction that jurors may consider the fact that a witness has committed a crime or other misconduct "only in evaluating the credibility of the witness' testimony" mitigated the likelihood of improper speculation about the nature of the unspecified crime of moral turpitude. Also, the prosecutor attacked Bedolla's credibility from several angles at trial but devoted only a single question to confirm Bedolla's admission to the felony nontheft-related crime of moral turpitude. In closing argument, the prosecutor never referenced the prior juvenile adjudication, instead emphasizing other vulnerabilities in Bedolla's testimony such as his "unique vantage point" getting to see all the evidence and "fill in any gaps," that he "changed his story many times," that his testimony was uncorroborated, and that he "also admitted lying to a police officer a few months before committing this crime ...."

Given the range of credibility challenges that Bedolla suffered and the scant attention paid by both sides to his prior juvenile adjudication, we find it highly unlikely "that a result more favorable to defendant would have occurred" ( Castro , supra , 38 Cal.3d at p. 319, 211 Cal.Rptr. 719 , 696 P.2d 111 ) if the trial court had excluded

DISPOSITION

The judgment is modified to strike the true finding on Penal Code section 667.5, subdivision (c)(21) allegation. As so modified, the judgment is affirmed.

WE CONCUR:

Greenwood, P.J.

Grover, J.