Chapter 10 - § 10.10 PRIOR CRIMINAL CONVICTIONS

• Jurisdiction: Colorado

§ 10.10 PRIOR CRIMINAL CONVICTIONS

Colorado

➢ General. "Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness other than conviction of a crime as provided in § 13-90-101, may not be proved by extrinsic evidence." CRE 608(b). C.R.S. § 13-90-101 provides that evidence of a previous conviction of a felony is admissible in evidence in a civil action, so long as the felony conviction is no more than five years old at the time when the witness testifies. In impeaching a witness, the inquiry ought to be directed to the witness's credibility rather than to his or her moral character. People v. Couch, 500 P.2d 967 (Colo. 1972).
➢ Good Faith. Questions regarding prior felonies must be asked in good faith. If the witness denies the conviction, then the prosecutor should establish good faith with an offer of proof. People v. Thompson, 511 P.2d 909 (Colo. 1973); People v. Carlson, 72 P.3d 411, 418 (Colo. App. 2003).

➢ Timing of Conviction. Absent special circumstances, a defendant may be impeached with felony convictions that happened after the offense for which he or she is being tried. The credibility of the witness is being attacked as of the time of trial, not as of the time of the commission of the offense. People v. Bradley, 25 P.3d 1271, 1274 (Colo. App. 2001).

➢ Habitual Offender. Evidence of a prior conviction is admissible only to impeach a witness's credibility. The prosecution at all times bears the burden of proving the defendant's prior convictions at the habitual criminal phase of the trial. People v. Gray, 920 P.2d 787, 795 (Colo. 1996); People v. Chavez, 853 P.2d 1149, 1152 (Colo. 1993).

➢ Crime in Another State. Colorado law determines what is a "felony." Lacey v. People, 442 P.2d 402, 406 (Colo. 1968). A crime in another state, even if a sentence has not yet been rendered, qualifies as a felony

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