P v. WALKER
Filed 5/18/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. JOE AMALL WALKER, Defendant and Appellant. | B180004 (Los Angeles County Super. Ct. No. GA053943) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed with directions.
Victor J. Morse, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Adrian N. Tigmo, Deputy Attorneys General, for Plaintiff and Respondent.
Joe Amall Walker previously raped and assaulted two women, one of whom was a prostitute (Irma P.) and one of whom was not (Dorothy B.), and assaulted a second prostitute after she had agreed to have sex with him (Stephanie L.). During Walker's trial for the asphyxiation murder of Kathryn M. Waters, also a prostitute, the People were allowed to introduce evidence of Walker's three prior sexual assaults on these women to establish identity, motive and intent pursuant to Evidence Code section 1101, subdivision (b),[1] as well as to prove Walker's predisposition to commit the current offense pursuant to section 1108, subdivision (a). The jury convicted Walker of second degree murder.
Evidence of Walker's attacks on Irma P. and Stephanie L. was properly admitted at Walker's murder trial on the issues of motive and intent and, with respect to Irma P., as to identity as well. However, because Walker was not accused of a sexual offense within the meaning of section 1108, it was error to permit the People to introduce evidence of Walker's prior criminal conduct to prove his propensity to kill Waters. It was also error to admit evidence of Walker's assault and rape of Dorothy B. because of the dissimilarity between the circumstances of that crime and Waters's murder. Nonetheless, the court's improper admission of evidence and its related error in instructing the jury concerning the purposes for which that evidence could be considered were harmless. Accordingly, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
1. The Information
In an amended information filed on October 14, 2004 Walker was charged in a single count with the first degree murder of Waters (Pen. Code, § 187, subd. (a)). The information alleged Walker had suffered a prior serious or violent felony conviction within the meaning of the â€
