P. v. Escobar CA4/1
A jury convicted Felix Escobar of elder abuse; aggravated assault; violation of a protective order; and battery (§ 242). Escobar admitted a strike prior and one prison prior. The court sentenced Escobar to an eight-year prison term. In this appeal, Escobar challenges only the trial court's decision to admit Escobar's previous unlawful act of assaulting his then 77-year-old mother about 15 months before his current attack on the same victim. The prior act was admitted as propensity evidence under Evidence Code section 1109. Escobar contends the court abused its discretion in admitting such evidence, that it was unduly prejudicial and that he was denied due process. We will find the trial court acted well within its discretion in admitting the prior act evidence. There was no error, hence no denial of due process.
Comments on P. v. Escobar CA4/1