State v. WinegardnerAnnotate this Case
Pursuant to Ariz. R. Evid. 609(a)(2), evidence of a shoplifting conviction is admissible to impeach a witness only when the court can readily determine that the conviction turned on proof of a dishonest act or false statement.
During Defendant’s criminal trial, the prosecution called Witness to testify. Defendant told the court that he intended to impeach Witness with a 2015 misdemeanor shoplifting conviction. The trial court refused to admit the impeachment evidence. The court of appeals affirmed, holding that shoplifting is not categorically a “dishonest act or false statement” for purposes of Rule 609(a)(2). The Supreme Court affirmed, holding that a conviction for shoplifting is not automatically admissible under Rule 609(a)(2) because the crime does not necessarily require the prosecution to prove “a dishonest act or false statement” within the meaning of Rule 609(a)(2).