California Court of Appeal

Conviction for felony infliction of an injury on a child, felony child abuse, and sentence enhancement for personally inflicting great bodily injury on a child under age of five are affirmed where: 1) because defendant lived with the baby, this was not only a prosecution for "child abuse" so that prior acts of child abuse were admissible under Evidence Code section 1109(a)(3), but also a prosecution for "domestic violence" so that prior acts of domestic violence were likewise admissible under section 1109(a)(1); and 2) because prior acts of child abuse were admissible in connection with one count, the jury was also entitled to consider them in connection with the other count.

Appellate Information

• Decided 08/04/2008
• Published 08/04/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Rex Williams, Juneau, WI, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Pamela Ratner Sobeck, Supervising Deputy Attorney General, David Delgado-Rucci and James H. Flaherty III, Deputy Attorneys General, for Plaintiff and Respondent.