Opinion
KAUS, J.
Defendant Steven Vincent Holt was convicted on one count of first degree murder (Pen. Code, § 187) with the use of a deadly weapon (id., § 12022.5) and one count of robbery (id., § 211) with the use of a deadly weapon (id., § 12022.5). Under the 1978 death penalty law, a special circumstance that the murder occurred while Holt engaged in and was an accomplice in the commission of a robbery (id., § 190.2, subd. (a)(17)) was found to be true. He was sentenced to death. The appeal is automatic.
Holt raises many contentions with respect to all phases of his trial. We have reviewed all the issues raised and find that prejudicial errors occurred in the guilt phase of the proceedings below. We therefore reverse the judgment finding Holt guilty of first degree murder and of robbery.
I
On February 8, 1979, about 7 p.m., Sam Troia was shot and killed in a. parking lot next to Troia’s Market in Monterey. Troia had just closed out the registers in the market with his brother and was taking home the daily receipts in two black vinyl bags.
A number of witnesses heard a loud noise and saw two men leaving the scene of the crime. Other witnesses saw two men in the vicinity before the crime. Officers who came to the scene found various bills of money scattered throughout the street and found two $20 bills lying in the gutter where a witness had seen two men enter a car.
Sam Troia died of massive internal hemorrhaging due to damage done to internal organs from a gunshot wound. He was killed by a .38 caliber bullet, either a semi-wad cutter or a round nose lead bullet. The bullet had entered his lower right arm, exited between the wrist and the elbow and entered the abdomen just below the rib on the right side.
On the day after the shooting, Friday, February 9, 1979, two of the witnesses went to the Monterey County Sheriff’s office for the purpose of [443]*443constructing composite faces of the two men they had observed. After the composites were made they were distributed among law enforcement agencies and the media. On Sunday, February 11, 1979, Juan Eduardo De George and Holt were arrested and taken to the Monterey police station.
The information filed on June 4, 1979, accused Holt of first degree murder (Pen. Code, § 187)1 with the use of a firearm (§ 12022.5) and robbery (§211) with the use of a firearm (§ 12022.5). It was alleged that the murder was committed while Holt engaged in and was an accomplice in the commission of a robbery (§ 190.2, subd. (a)(17)). The information also alleged two prior felony convictions within the purview of section 667.5, subdivision (b).
Holt demurred to the information on the basis that the death penalty was unconstitutional. The court overruled the demurrer on June 21, 1979. Defendant’s section 995 motion based on the restricted cross-examination of prosecution witness Gary McGowan, was denied on July 12, 1979.
Holt filed a motion for change of venue on September 4, 1979. It was denied on September 7, 1979. On September 20, 1979, the Court of Appeal stayed all proceedings pending determination of Holt’s writ of mandate for change of venue. On November 8, 1979, the Court of Appeal denied the writ and dissolved the stay.
Holt’s motions for sequestration of the jury and for separate juries were also denied. Holt’s motion for a closed voir dire was granted in part.
Jury selection began on January 4, 1980. A single “death qualified” jury was empaneled for both guilt and penalty phases.
Prosecution Case
As will appear, the only real factual issue was whether the murder was committed by defendant Holt or his accomplice Juan Eduardo De George.2 While several other witnesses testified to parts of the events which culmi[444]*444nated in the murder, none shed much light on the identity of the killer. Their evidence is summarized below.3
[445]*445De George testified that in February 1979, he and Holt lived next door to each other in Monterey. About 4 p.m. on February 8, 1979, De George and Holt drove De George’s green 1968 Buick to the residence of F. A. Bright in Seaside. De George and Holt were planning to commit a robbery and went to Bright’s house to get a handgun for Holt. Bright lent Holt a .357 magnum but said he wanted it returned. Holt and De George left Bright’s house about one hour later. At the time Holt had the gun inside his sweatshirt.
De George drove to New Monterey where he dropped Holt off at the home of a friend of Holt’s. Holt told De George to return “just before dark.” De George returned to pick up Holt shortly before 6 p.m. They discussed a robbery and possible victims. De George stated that he wanted a gun. At Holt’s suggestion, they drove to an address in Seaside where they picked up a .22 caliber revolver.
The two then headed back to Monterey and discussed robbing a gas station. They rejected this idea because a gas station was “too open” a target. As they drove randomly around Monterey, they found themselves near Troia’s Market. Holt suggested that they rob the market because the store closed at 7 p.m. and the manager usually took the receipts home at night. Holt told De George that “all we’d have to do is, . . . like run up, flash a gun, and the person would give up the money.”
As they drove past the front of Troia’s Market they noticed that the lights in the market were already off and the store was in the process of being closed. They drove by the market slowly and drove up the block to the corner where they turned and parked near a mailbox. They proceeded from the car to a parking lot near the market.
Both of them were wearing knit “watch caps” and plaid coats. When they reached the parking lot Holt put a bandana over his nose. De George testified that he told Holt it was “too soon” to put the bandana on. The men first stood near the entrance to the parking lot waiting for the market to close; later they walked to a picket fence near the sidewalk.
Shortly after 7 p.m. De George saw a man walk to a red truck parked in the lot. As he started towards the man, Holt waved him off. He then saw another man walking towards a big brown car; Holt motioned to De George to “go ahead.” De George walked up behind the man and tugged on the vinyl bag the man was carrying under his left arm. The man tightened his grip, turned around to face De George, and said “What’s going on?” De George then heard a shot, turned around and saw Holt with a gun in his hand. He turned back and saw the man on the ground. He heard the man [446]*446say, “You son of a bitch. You didn’t have to shoot me.” De George bent down, picked up one of the vinyl bags and ran up the street. When he got into his car, he looked back and saw Holt bending over. Holt then ran to the car. He got in. De George gave him the .22 and he put it in the glove compartment. Holt said “I hope I didn’t kill the man. I hope I shot in the arm or the leg.” When Holt returned to the car he was carrying another vinyl bag. As they drove off, Holt told De George that he had “dropped all kinds of money.” De George replied, “Who cares about the money. You know, there’s a guy who’s been shot down there.”
When De George drove away he kept his lights off for about one block and then drove to a gas station for gas. From the station, Holt drove to F. A. Bright’s house. While at the station, De George looked in the vinyl bag and said “we got nothing but checks.” Holt then showed him the other bag which contained money.
When De George and Holt arrived at Bright’s house, the three went into a bedroom and split up the money. Holt and De George gave Bright $300 for the use of the gun. Before leaving Bright’s house, Holt and De George put their caps, bandanas and the stolen checks into the vinyl bags. Bright promised to destroy them. De George gave Bright another $250 to purchase cocaine for him, and Holt gave Bright $200 to buy heroin. Bright left and returned an hour later with the narcotics. De George “fixed” with cocaine and heroin about three or four times that evening. He saw Holt fix once with heroin.
De George and Holt left Bright’s house about 11 p.m. and drove to a friend’s house in Seaside. They heard a TV broadcast that Sam Troia had died as a result of a gunshot wound. De George went home to talk to his wife because she was a distant relative of Sam Troia. Holt remained at the friend’s house. De George returned about 1 a.m. to pick up Holt and drive him home.
The People also introduced the testimony of Gary Lynn McGowan who testified that on March 12, 1979, he was in county jail awaiting sentencing on a second degree burglary charge. Holt was housed in the same pod as McGowan. In the early hours of March 12, 1979, McGowan had a conversation with Holt. Holt told McGowan that he and another person named Juan had committed a robbery. He told McGowan that he and Juan obtained a .357 gun as well as a .22 gun and that he told Juan to waive the gun in the victim’s face “so that he won’t hassle him.” Holt told McGowan that Juan “didn’t stick the gun in the guy’s face,” and just pointed the gun at the victim and grabbed for the bag. When the victim started wrestling with Juan, Holt ran up, pushed him away and shot him. McGowan testified that [447]*447Holt stated he thought he had shot the victim in the arm and was surprised to see him fall down.
The People also introduced testimony pertaining to Holt’s escape from county jail on June 21, 1979.4 (Several months before the instant case went to trial, defendant was found guilty of escape with force and great bodily injury [§ 4532] and of battery on a peace officer [§ 243, subd. (b)].)
The Defense
Holt testified on his own behalf. He stated that he had worked for Troia’s Market from August 1976 to February 1977. On February 8, 1979, De George asked him to go with him to see a Frank James. They drove to Bright’s house where De George talked to James about a pistol. While James and De George talked, Holt had a conversation with Bright about the possibility of stealing some groceries from Troia’s Market for Bright. Holt had burglarized the store on previous occasions and sold the groceries for half the original price.
De George and Holt left Bright’s and drove to Monterey. While they were driving, De George stated he wanted to rob a gas station, but Holt refused to have anything to do with the idea. De George dropped Holt off at a friend’s house in New Monterey. About 7 p.m. De George returned and picked him up. As they were driving, De George told Holt he would help Holt rob Troia’s Market. De George drove around for about 10 minutes, then drove to the market. As they passed by the market, they noticed that it was closing. Holt testified that he did not have a weapon and did not know if De George had a weapon. He planned to slip into the market through a window on the roof. He stated that he had done this several times in the past with an accomplice. De George was to drive his car around the back of the market to pick up the groceries after Holt had signaled to him.
When they saw the Troia brothers leave, they walked to a position behind the bottle room in the rear of the store. As they stood there, they observed Anthony Troia get into his red truck. De George went after Anthony Troia. Holt asked De George “What the hell are you doing?” but De George ignored him and ran around the bottle room and saw Sam Troia about to enter his car. De George then either hit Sam Troia or reached around him and attempted to snatch something. Troia turned around and said “What the hell’s going on?” There was a yellow flash, a loud noise, and Troia fell to [448]*448the ground. De George bent over Troia and picked up the money. Troia said, “You son of a bitch. You didn’t have to shoot me.” Holt stood immobile for five to ten seconds; he saw Troia get up and fall against the car door. Holt did not know what to do; he walked over, looked down at Troia, then ran to De George’s car which was parked on the corner. They drove off. They drove to a gas station and then to Seaside to Bright’s house. Holt drove because De George was too nervous. De George told Holt they had to wait for James in order to give James back his gun. They remained at Bright’s house for about an hour and a half. They counted the money and gave Bright certain articles of clothing and the money bags to burn. Holt did not want any of the money, but De George persuaded him to take some. After they had been at Bright’s house for 20 minutes, James returned and Holt saw De George give James a weapon.
Holt and De George left Bright’s and went to a friend’s house. They arrived about 9:30 to 10 p.m. They heard a news broadcast about the Troia robbery and shooting; Holt called his sister who informed him that De George’s wife wanted him to come home. De George left and came back about 10:30 p.m. to pick up Holt.
Holt also testified that he met McGowan when they were in jail and that he had talked to McGowan. Holt did not talk to McGowan about any details of the robbery/murder of Troia; he did not discuss any weapons and he did not say that he had shot Troia.
As noted, Holt was found guilty of one count of first degree murder with the use of a firearm and one count of robbery with the use of a firearm. The jury also found true, as a special circumstance, that the murder was committed while Holt was engaged in or was an accomplice in the commission or attempted commission of a robbery. After presentation of evidence at the penalty phase of Holt’s trial, the jury imposed the death penalty.
Holt attacks all phases of the trial; however, because we conclude that several of his guilt phase contentions have merit and that he was prejudiced as far as the conviction of first degree murder is concerned, we do not reach his claims relating to the penalty phase.
II
Holt raises two contentions regarding the manner in which his jury was selected and impaneled which must first be addressed.5
[449]*449First, he contends that the removal of persons opposed to the death penalty (see Witherspoon v. Illinois (1968) 391 U.S. 510, 522, fn. 21 [20 L.Ed.2d 776, 785, 885 S.Ct. 1770]) from the guilt phase of a capital trial, denies a defendant his right to a jury representative of a fair cross-section of the community. This issue was addressed in People v. Fields (1983) 35 Cal.3d 329 [197 Cal.Rptr. 803, 673 P.2d 680], We held that the exclusion of persons who would automatically vote against death at the penalty phase of a capital case did not violate constitutional precepts.
Holt also asserts that the voir dire of each prospective juror regarding “death qualification” should have been done individually and in sequestration. In People v. Hovey (1980) 28 Cal.3d 1 [168 Cal.Rptr. 128, 616 P.2d 1301], we held that in future capital cases this procedure must be followed in order to minimize the potentially prejudicial effects of open voir dire. Hovey, however, was prospective only and therefore does not apply to this trial which started in 1979.
Ill
Holt claims that numerous evidentiary errors occurred during the guilt phase of his trial and that these errors had a cumulative prejudicial effect.
We agree. Before discussing particular claims, it is well to point out the factual context in which the case was tried: while neither Holt nor De George made themselves out as blameless victims of circumstances, as far as the most serious charge of murder is concerned, each pointed to the other as the sole perpetrator. Although there was a certain amount of corroborating evidence, none—except Holt’s statement to McGowan—really supported either Holt’s or De George’s version. What it came down to, therefore, was a one-on-one credibility contest between Holt and De George. This posture of the case clearly enhanced the potential for prejudice of any error that adversely affected the credibility of Holt.
A. Evidence of Holt’s Drug Use
During the direct testimony of De George, defense counsel made an anticipatory objection to any testimony that after the Troia shooting Holt purchased and used drugs. The prosecution asserted that the evidence was relevant to show motive. The trial court overruled the objection. De George then testified that with the proceeds of the robbery Holt purchased heroin from Bright and “fixed.” Another prosecution witness was permitted to testify that he too saw Holt fix with heroin after the robbery/murder. During cross-examination of Holt, the prosecution attempted to establish that Holt had a heroin habit.
[450]*450“The rule applicable here is that evidence of an accused’s narcotics addiction is inadmissible where it ‘tends only remotely or to an insignificant degree to prove a material fact in the case . . . .’” (People v. Cardenas (1982) 31 Cal.3d 897, 906 [184 Cal.Rptr. 165, 647 P.2d 569] [citing People v. Davis (1965) 233 Cal.App.2d 156, 161 (43 Cal.Rptr. 357)].) As we stated in Cardenas, supra, the cases which have upheld admission of evidence of an accused’s drug addiction involved crimes where obtaining narcotics was the direct object of the crime or where a violation of Health and Safety Code was charged. In cases where the object of the offense was to obtain money for drugs, as the prosecution alleges in this case, evidence of the accused’s drug use has been found to be inadmissible. (People v. Cardenas, supra, 31 Cal.3d at p. 906 and cases cited therein.)
Since De George had already testified that he and Holt had split the proceeds from the robbery, whatever minimal probative value there was in the additional testimony that Holt used his share to purchase and then use drugs was outweighed by the inflammatory effect of this testimony on the jury. As we noted in Cardenas, “[t]he impact of narcotics addiction evidence ‘upon a jury of laymen [is] catastrophic .... It cannot be doubted that the public generally is influenced with the seriousness of the narcotics problem . . . and has been taught to loathe those who have anything to do with illegal narcotics in any form or to any extent.’” (People v. Cardenas, supra, 31 Cal.3d at p. 907, citing People v. Davis (1965) 233 Cal.App.2d 156, 161 [43 Cal.Rptr. 357].) Admission of the testimony concerning Holt’s drug use was improper.
B. Evidence of Holt’s Prior Crimes with De George
During cross-examination of Holt, the prosecutor asked him whether he and De George had committed numerous burglaries together. Defense counsel objected to the evidence of other crimes absent a showing of relevance. The trial court overruled the objection on the basis that the testimony established a prior relationship between Holt and De George. Holt then admitted having “pulled” four or five burglaries with De George.6
“The admission of any evidence that involves crimes other than those for which a defendant is being tried has a ‘highly inflammatory and prejudicial effect’ on the trier of fact.” (People v. Thompson (1980) 27 Cal.3d 303, 314 [165 Cal.Rptr. 289, 611 P.2d 883].) The “admission of this evidence produces an ‘over-strong tendency to believe the defendant guilty of the [451]*451charge merely because he is a likely person to do such acts’ (Wigmore, Evidence, § 194, p. 650).” (Id., atp. 317.) For this reason, evidence of prior specific acts of misconduct is ordinarily inadmissible to attack a witness’ credibility. (People v. Anderson (1978) 20 Cal.3d 647, 650 [143 Cal.Rptr. 883, 574 P.2d 1235].) Even where such evidence is relevant for other purposes, and not offered to prove conduct or attack credibility, evidence of other crimes “contains within itself a substantial degree of prejudice [and] should be received with ‘extreme caution,’ its admissibility ‘examined with care,’ and in the event of uncertainty as to its connection with the offense charged ‘the doubt should be resolved in favor of the accused. ’ [Citation.]” (Id., at p. 651.)
The relationship between De George and Holt was never in issue. There was no dispute concerning the fact that they knew each other or that they were together on the night of Troia’s death. “If an accused has not ‘actually placed that fact in issue,’ evidence of uncharged offenses may not be admitted to prove it.” (Thompson, supra, 27 Cal.3d at p. 315.) Such evidence must be excluded under Evidence Code section 1101 because the only inference it directly seeks to establish is one of propensity to commit crimes in general. (Thompson, supra, at p. 317.)
Even assuming that the evidence was relevant to show the relationship between De George and Holt, the trial court did not examine its admissibility with care or with “extreme caution,” but merely stated: “Well, we could have an offer of proof, but actually, so far as the relationship here is concerned, I think he [the prosecutor] can ask it.” The trial court clearly erred. (Cf. People v. Green (1980) 27 Cal.3d 1, 23-26 [164 Cal.Rptr. 1, 609 P.2d 468].)
C. Evidence of Prior Felony Convictions
Holt had eight prior convictions and pursuant to Evidence Code section 352 and People v. Beagle (1972) 6 Cal.3d 441 [99 Cal.Rptr. 313, 492 P.2d 1], he moved to restrict the prosecution’s use of these convictions for impeachment purposes. The trial court ruled that five prior convictions were admissible: (1) a 1979 conviction of receiving stolen property, (2) a 1974 conviction of burglary, (3) a 1974 conviction of sale of a nonnarcotic in lieu of a narcotic, (4) a 1977 conviction of burglary, and (5) the 1979 conviction of escape. (See fn. 4, ante, p. 447, and accompanying text.)
Holt contends that the trial court erred in (1) permitting impeachment with more than one prior felony conviction; (2) allowing impeachment without exercising its discretion by weighing the prejudicial effect of the additional priors against their probative value; (3) permitting [452]*452impeachment with evidence of two prior burglaries without any showing that either crime was the type of burglary that involved theft or a dishonest act; (4) permitting impeachment with what proved to be three prior escape convictions; and (5) permitting use of the 1974 “sale in lieu” conviction because that conviction was a misdemeanor.7 All of these contentions essentially go to the adequacy of the trial court’s exercise of discretion under Beagle and People v. Green, supra, 27 Cal.3d at pages 23-26. We examine them under the law in force at the time of the crimes. (People v. Smith (1983) 34 Cal.3d 251, 262 [193 Cal.Rptr. 692, 667 P.2d 149].)
As an umbrella claim, defendant asserts that the use of one prior offense is adequate for impeachment purposes. He points to People v. Jardine (1981) 116 Cal.App.3d 907 [172 Cal.Rptr. 408], for support. In Jardine, the Court of Appeal held that it was an "abuse of discretion for the trial court to allow proof of more than one prior felony because the use of one prior offense was adequate to impeach. (Jardine, supra, at p. 916.) However, in People v. Duran (1983) 140 Cal.App.3d 485, 499 [189 Cal.Rptr. 595], another Court of Appeal noted that the Jardine court had cited “no authority for the implicit assumption that one felony is the limit when the issue is credibility.” The Duran court found that it was not an abuse of discretion to allow proof of more than one felony. “A series of crimes relevant to character for truthfulness is more probative of credibility than a single lapse, and the trial court must weigh against that value the danger of prejudice.” (Duran, supra, at p. 500.)
In Beagle, we held that a trial court may admit or exclude evidence of a prior felony conviction offered to impeach a witness after balancing four factors: (1) whether the conviction reflects adversely on the defendant’s honesty or veracity; (2) whether the conviction is near or remote in time; (3) whether the conviction is for substantially similar conduct for which the accused is on trial; and (4) the effect if the defendant does not testify out of fear of being prejudiced by impeachment by prior convictions. {Beagle, supra, 6 Cal.3d at p. 453.) The court must weigh the first two factors “against the probability that admission of such evidence ‘will (a) necessitate [453]*453undue consumption of time, or (b) create substantial danger of undue prejudice, of confusing the issues, or misleading the jury.’ ([Evid. Code,] § 352.)” (People v. Fries (1979) 24 Cal.3d 222, 227 [155 Cal.Rptr. 194, 594 P.2d 19].) In Beagle we did not address the issue of whether more than one prior felony was inadmissible. However, we now hold that the Duran court correctly reflects the proper approach. Whether or not more than one prior felony is to be admitted for the purpose of impeachment is simply one of the factors which must be weighed against the danger of prejudice. This is the test we enunciated in People v. Green, supra, 27 Cal.3d at page 26, for the admission of testimony challenged under Evidence Code section 352—the trial court must exercise its discretion and determine that the risk of undue prejudice does not substantially outweigh the probative value of the evidence.
Applying this test we find that it does not sufficiently appear that the trial court weighed the probative value of using more than one prior conviction against the prejudicial effect of such evidence. Although Green does not require that the trial court engage in an on-the-record evaluation of the factors affecting the weighing process, it does require that “the record must affirmatively show that the trial judge did in fact weigh prejudice against probative value” {Green, supra, at p. 25). To make such a showing it may be sufficient if the court simply recites that its conclusion was the result of a weighing process. In this case, however, the record does not even contain such a recital.
Holt also challenges the admission of two burglary priors without any showing that the burglary convictions involved theft or a dishonest act.8
In People v. Spearman (1979) 25 Cal.3d 107 [157 Cal.Rptr. 883, 599 P.2d 74], we examined the issue of determining which felony convictions affect credibility for impeachment purposes. We stated “[o]nly a conviction which has as a necessary element an intent to deceive, defraud, lie, steal, etc., impacts on the credibility of a witness.” (Id., at p. 115.) Holt was convicted of burglary (§ 459)—which requires an intent to commit any felony or grand or petit larceny as a necessary element. A conviction for burglary does not therefore necessarily involve an intent to deceive, defraud, lie, steal, etc. It would only be relevant to credibility if it involved an intent to commit theft or some other dishonest act. (See People v. Keating (1981) 118 Cal.App.3d 172, 179-180 [173 Cal.Rptr. 286].)
[454]*454In this case, the prosecution made no showing that either conviction for burglary involved theft and the trial court simply stated “that [a burglary conviction] would normally be admissible.”9 In these circumstances, however, without deciding whether the prosecution was required to make a showing, we find that the trial court erroneously admitted the prior burglary convictions. Again, the court made no attempt to weigh the risk of undue prejudice against the probative value of the evidence of prior burglary convictions—it simply admitted the evidence because it would “normally be admissible. ” This is not the type of balancing which our decisions in Beagle and Green envisioned.
Holt also contests the admission of three prior escape convictions. The trial court ruled that only one escape conviction—the most recent—was admissible because the underlying facts had previously been ruled admissible as showing consciousness of guilt. A 1977 conviction of escape was ruled out unless the People could produce a case holding that such evidence was admissible.10
Unfortunately matters got out of hand. On direct examination, defense counsel questioned Holt about his escape attempt—perhaps to establish that Holt was not motivated by consciousness of guilt: “Q: What’s the reason you escaped? [1] A: Well, there’s no reason for my escape. I escaped before that so there’s no reason for the other escapes either. I just escaped. That’s all.” (Italics added.) On cross-examination, over defense objection, the prosecution was permitted to enlarge on this remark by developing the actual facts of the defendant’s 1977 escape, as distinguished from the mere fact that there had been a conviction. The People concede that during closing arguments, the prosecutor made improper reference to this escape as a sixth felony conviction which could be considered by the jury for impeachment purposes. During the cross-examination the prosecutor also brought out the fact of a previously unmentioned 1974 misdemeanor escape conviction.
The admission of Holt’s 1979 escape led, therefore, to the improper use of other convictions for impeachment purposes. Escape does not involve [455]*455“an intent to deceive, defraud, lie, steal, etc.” as a necessary element and therefore does not impact on a witness’ credibility. Although, a defendant’s escape attempt can be used to show consciousness of guilt (see People v. Terry (1970) 2 Cal.3d 362 [85 Cal.Rptr. 409, 466 P.2d 961]), Holt’s 1979 venture should have been limited to this purpose.11
D. Evidence of Knowledge of Prison Gangs
On cross-examination of Holt, the People questioned him as to his familiarity with prison gangs such as the Nuestra Familia, the Mexican Mafia and the Black Guerilla Family. Holt was also questioned concerning the membership of F. A. Bright in the Black Guerilla Family and that of Joe Gonzales—a defense witness—in the Nuestra Familia.12 Holt asserts that the prosecution should not have been permitted to interject the subject of prison gangs into the case, that such evidence is highly inflammatory and can only be admitted where the probative value of the evidence outweighs its prejudicial effect.
First, it should be noted that the People did not interject the subject of prison gangs into the case. The record reveals that on cross-examination of prosecution witness McGowan, defense counsel, over objection, elicited testimony that Holt had told McGowan that he had obtained the guns for the robbery from members of the Aryan Brotherhood—a white supremacist prison gang. On direct testimony Holt denied this statement, but acknowledged he was familiar with the Aryan Brotherhood as a prison gang. On cross-examination, the prosecutor questioned Holt as to his familiarity with other prison gangs, which was arguably a permissible subject for cross-examination. (Evid. Code, § 773.) However, the prosecutor then proceeded [456]*456to question Holt about the membership of Bright and Gonzales in prison gangs. Defense counsel’s objection on the basis of relevancy was overruled and the trial court held that the prosecutor could question Holt as to the associations of “another party involved here in some way.” That ruling is indeed hard to justify.
A witness may be cross-examined about the group membership he shares with a party to the action, “such common membership is a factor that tends to impeach a witness’ testimony by establishing bias.” (In re Wing Y. (1977) 67 Cal.App.3d 69, 76 [136 Cal.Rptr. 390].) In this case, however, there was no showing that Holt was a member of any gang or that he shared common membership with any party to the action. No such showing of common membership could be made—Bright and Gonzales were not parties. The evidence, therefore, had no probative valué other than to blacken the character of Holt’s associates.
IV
Holt makes two additional contentions which we believe have merit: (1) the trial court erred in permitting a defense witness to be improperly impeached and (2) the prosecutor committed prejudicial misconduct in his closing argument.
A. Impeachment of Defense Witness
Joe Gonzales, a defense witness, testified that while he was in Monterey County jail, De George informed him that he, De George, had shot Troia. On cross-examination, the prosecutor brought out that Gonzales had been convicted of murder and armed robbery in 1966 and had been sentenced to death, and that Gonzales had also been convicted of three counts of murder and conspiracy to commit murder in 1979.13 Holt contends that the trial court erred in permitting Gonzales to be impeached with prior felony convictions other than the 1966 robbery.
In People v. Woodard (1979) 23 Cal.3d 329 [152 Cal.Rptr. 536, 590 P.2d 391], we held that no witness could be impeached with a prior felony conviction unless the conviction had some probative value on the issue of truthfulness. (Id., at p. 335.) In Woodard, we also concluded that a witness could not be impeached with a prior voluntary manslaughter conviction: “the voluntary manslaughter conviction established the commission of a [457]*457violent act, which may, at the most, have indicated a character trait for violence.” (Id., at p. 340.) While Gonzales’ four murder convictions—plus three for conspiracy to commit murder—definitely establish the commission of a number of plans and acts which indicate a character trait for violence, the evidence does not show that Gonzales was disposed to falsify. The evidence had no probative value on the issue of truthfulness and should therefore have been excluded.
B. Prosecutorial Misconduct in Closing Argument
In the closing argument in the guilt phase, defense counsel discussed the range of possible verdicts available to the jury. Counsel pointed out that if the jury believed Holt’s testimony that he only intended to burglarize Troia’s Market and if they found that he had progressed beyond mere preparation, they might return a first degree murder verdict based on an attempted burglary felony-murder theory. The prosecutor, in his rebuttal argument, stated that if the jury accepted the defense theory, they would be guaranteeing defendant a parole date.14 Defense counsel objected to this argument as improperly referring to the penalty. The trial court instructed the prosecutor not to talk about the parole date. Holt contends that the prosecutor committed prejudicial misconduct by injecting the question of punishment into the jury deliberations and that the prosecutor [458]*458misstated the law in explaining the legal effect-of a special circumstances finding.15
A defendant’s possible punishment is not a proper matter for jury consideration. (People v. Honeycutt (1977) 20 Cal.3d 150, 157, fn. 4 [141 Cal.Rptr. 698, 570 P.2d 1050].) “[T]he jury is not allowed to weigh the possibility of parole or pardon in determining the guilt of the defendant . . . .” (People v. Barclay (1953) 40 Cal.2d 146, 158 [252 P.2d 321].) An admonishment to the jury that they were not to consider the question of penalty might have had a curative effect. However, no admonishment was given. As noted the trial court merely stated: “I wouldn’t talk any more about that.”
While the jury was instructed at the conclusion of the guilt phase that the subject of penalty or punishment was not to be discussed and must not affect the verdict16 the instruction did not negate the improper reference to punishment by the prosecutor.
In sum, the trial court improperly: (1) permitted Holt to be portrayed as a drug abuser, (2) allowed evidence of prior burglaries Holt had committed with De George, (3) permitted impeachment of Holt without weighing the prejudicial effect against the probative value, (4) allowed impeachment with felonies not shown to involve lack of veracity, (5) permitted evidence of an escape which had no probative value whatever, (6) permitted the prosecution to introduce evidence that Holt’s associates were members of prison gangs, (7) permitted a defense witness to be improperly impeached, and finally, (8) permitted the prosecutor to argue the effect of a certain finding on Holt’s punishment.
V
We must decide whether the erroneously admitted evidence, the improper impeachment and prosecutorial misconduct constituted prejudicial error, requiring reversal of the judgment. The test as enunciated in People v. Watson (1956) 46 Cal.2d 818, 836 [299 P.2d 243] is whether “it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error.”
[459]*459The evidence against the defendant consisted primarily of the testimony of De George, contradicted in all vital respects by Holt. The question of guilt depended to a large extent on the jury’s determination of Holt’s credibility vis-a-vis that of De George. (See People v. Wagner (1975) 13 Cal.3d 612, 621 [119 Cal.Rptr. 457, 532 P.2d 105]; People v. Taylor (1982) 31 Cal.3d 488, 500-501 [183 Cal.Rptr. 64, 645 P.2d 115].)17
The erroneously admitted evidence portrayed defendant as a drug abuser, an often-convicted felon with a history of unpunished crimes, a person with a propensity for crime and an associate of criminals. While there was no way to make Holt appear as anything but a crook, even he was entitled to rules of evidence which keep prejudice in bounds. The improper evidence effectively destroyed whatever credibility Holt had. The prosecutor made extensive use of this evidence in his argument to the jury.18 Under these circumstances we cannot say that the impact on the jury was so insignificant that the errors were harmless.
In addition, the effect of the impermissible evidence was compounded by the improper impeachment of Holt’s witness and the improper suggestion to the jurors by the prosecutor that, if they accepted Holt’s version of the facts, they would be guaranteeing him a parole date. Holt was therefore additionally portrayed as a person who associated with convicted murderers and prison gang leaders and as a person who would escape his “just” punishment. It is reasonably probable that in the absence of the cumulative effect of these errors the jury would have reached a result more favorable to him. For this reason, we set aside the convictions for murder and robbery.
The judgment is reversed.
Broussard, J., Reynoso, J., Grodin, J., and Brown (G. A.), J.,
Assigned by the Chairperson of the Judicial Council.