California Court of Appeal

Conviction of elder abuse, Pen. Code section 368(b)(1), assault with a deadly weapon, section 245(a)(1), making criminal threats, section 422, exhibiting a deadly weapon, section 417(a)(1), and attempting to dissuade a victim or witness, section 136.1(b)(2), is affirmed over defendant's challenge to the admissibility of evidence under Evidence Code sections 1109 and 1101(b), where: 1) the trial court did not abuse its discretion in admitting the evidence of prior threats and other misconduct; 2) defendant forfeited any claim related to the trial court's balancing analysis, because defendant did not inform the court how the defense planned to handle the prior threat evidence so that the court could factor that into the Evidence Code section 352 analysis; and 3) the prior threats evidence was relevant and highly probative; and 4) the fact the prior acts did not result in a conviction added weight on the probative value side of the Evidence Code section 352 scale here, not on the prejudicial side.

Appellate Information

• Published 2016/05/04

Judges

• MURRAY

Court

• California Court of Appeal

Counsel