P. v. Foye CA3
A jury found defendant Anthony Alonzo Foye guilty of first degree residential burglary (Pen. Code, § 459) and misdemeanor domestic battery (§ 243, subd. (e)(1)). The trial court sentenced him to four years in prison.
On appeal, defendant contends the trial court prejudicially erred in instructing the jury that he had committed an uncharged act of domestic violence in violation of his federal constitutional rights to a fair trial and due process. He further contends the court abused its discretion in denying his motion for new trial. Finally, he argues the court prejudicially erred in failing to instruct the jury sua sponte with CALCRIM No. 332 (expert witness testimony) and CALCRIM No. 303 (limited purpose evidence in general). Because we find error but no prejudice, we affirm the judgment.
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