California Court of Appeal

Conviction for various assaults on a 71-year-old man is affirmed over challenge to the constitutionality of Evidence Code section 1109(a)(2), which authorizes the admission of evidence of prior bad acts, such as the evidence admitted that defendant had committed two previous attacks on older men.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• POLLAK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kay, Supervising Deputy Attorney General, Michael E. Banister, Deputy Attorney General, for plaintiff and respondent., L. Richard Bruacher, under appointment by the Court of Appeal, for defendant and appellant.