Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility South

REINHARDT, Circuit Judge:

In 1983, Gilbert Martinez was tried in state court and convicted of numerous pizza parlor robberies. During the pretrial [*1155] proceedings, the prosecution indicated that, should the defendant testify, it would seek to introduce as impeachment evidence the defendant’s two prior felony convictions for murder and assault with a deadly weapon. The defendant moved in limine to prevent the introduction of the impeachment evidence. In denying the motion, the trial court held that it did not have discretion under California’s recently enacted Proposition 8 to exclude the prior convictions if the defendant chose to testify. Thus, it did not weigh the factors traditionally considered by courts. Rather than face the admission of such prejudicial evidence, the defendant decided not to take the stand.

On appeal, the California Court of Appeal, following People v. Smith, 34 Cal.3d 251, 193 Cal.Rptr. 692, 667 P.2d 149 (1983), held that the trial court erred in applying Proposition 8 retroactively. The court of appeal held that under the rules applicable to trials of crimes committed prior to the passage of Proposition 8, the prior convictions were not admissible. However, the court declined to reverse Martinez’s convictions because it found the error harmless under state law, stating that it was not “reasonably probable a more favorable result would have been reached in the absence of the error.” The California Supreme Court denied review.