Defendant Josue David Tejada was convicted by jury
Defendant Josue David Tejada was convicted by jury in this domestic violence case of one count of assault with force likely to produce great bodily injury; two counts of attempting to intimidate a witness; and three misdemeanor counts of violating a protective order. On appeal, defendant contends the trial court erred when it admitted evidence regarding two prior uncharged incidents of domestic violence pursuant to Evidence Code section 1109 (all undesignated statutory references are to the Evidence Code). He argues the court erred in admitting evidence regarding the first incident because it did not meet the statutory definition of domestic violence abuse. He contends the court abused its discretion when it admitted evidence of the second incident because its prejudicial nature outweighed any minimal probative value and therefore should have been excluded under section 352.
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