P. v. Garcia CA2/1
A jury convicted Daniel Anthony Garcia (Garcia) of assault likely to produce great bodily injury and found true a special allegation that Garcia did in fact personally inflict great bodily injury on the victim, Edward Gomringer (Gomringer). Specifically, the jury found that shortly after a tavern had closed, Garcia assaulted Gomringer and left him unconscious in the middle of the street.
On appeal, Garcia argues that the trial court abused its discretion when it excluded evidence regarding Gomringer’s purported character (Evid. Code, § 1103 )—evidence that one month before the charged offense, Gomringer was involved in an allegedly similar incident outside another nearby bar. We do not agree. The proffered character evidence was inadmissible because its probative value, if any, was outweighed by its likely prejudicial effects. Accordingly, we affirm the judgment.
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