P. v. Avila CA6
A jury convicted Francisco Jesus Avila in February 2015 of misdemeanor exhibiting a deadly weapon and acquitted him of other charges. The charges stemmed from two incidents in 2014 between Avila and P. Santos (Santos), a prostitute whose motel room Avila shared for a short time and with whom he had nonpaying sexual relations. Over defense objections, the trial court permitted the prosecution to introduce prior uncharged acts of domestic violence from 2005, pursuant to Evidence Code section 1109, to show that Avila had a propensity to commit acts of domestic violence in his dating relationships. The court denied Avila’s motion to exclude the propensity evidence and limited Avila’s cross-examination of the section 1109 witness.
Comments on P. v. Avila CA6