Simmons testified that Juvinall had both the AM-FM cassette player and the equalizer under his coat when he got back into the car. According to defendant, the group then returned to his trailer. Defendant kept the stereo. After defendant's testimony, and over defendant's objection, the State impeached defendant with evidence of defendant's two prior burglary convictions. The jury found defendant guilty and the court sentenced him to six years' imprisonment.
Defendant now appeals.
The admission of prior convictions to impeach a witness is problematic. This is especially true where the witness is a defendant in a criminal trial. If the defendant, in the alternative, chooses to remain silent, the jury may conclude that he is guilty despite instructions that no inference is to be drawn against him given his failure to testify. In either case, however, the evidence is inadmissible if the judge determines that the probative value of the evidence of the crime is substantially outweighed by the danger of unfair prejudice. Additionally, the Montgomery rule prohibits admission of this evidence if a period of more than 10 years has elapsed since the date of conviction or release of the witness from confinement, whichever is later.