P. v. Taylor CA3
Defendant Anthony Jerrell Taylor, Jr., appeals from a conviction for first degree burglary, misdemeanor battery, and false imprisonment. At an Evidence Code section 402 hearing, held midtrial, the victim’s mother revealed she had previously witnessed defendant punching the victim. Over defense counsel’s objection, the trial court permitted the victim’s mother to testify to that incident under section 1109.
On appeal, defendant contends the trial court erred in failing to perform a section 352 analysis before admitting that evidence of domestic violence. He also contends admitting that evidence violated his right to due process. He finally contends the abstract of judgment must be corrected to strike an irrelevant sheet that was attached. We agree with the third contention. We will order a corrected abstract of judgment and otherwise affirm.
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