P. v. Cruz CA3
A jury convicted defendant Miguel Angel Pineda Cruz of two counts of criminal threats, and one count each of assault with a firearm, domestic violence, possession of a firearm by a felon, and methamphetamine possession. (Pen. Code, §§ 422, 245, subd. (b), 273.5, subd. (a), 29800, subd. (a)(1); Health & Saf. Code, § 11377, subd. (a).) The jury found true that defendant personally used a firearm in the assault and in one criminal threat incident. (§ 12022.5, subd. (a).)
Defendant contends that: (1) the trial court erred in admitting evidence of prior uncharged acts of domestic violence against the victim, Maria E., under Evidence Code section 1109; (2) the court improperly admitted unauthenticated text messages in violation of the hearsay rule; (3) the evidence was insufficient to support the jury’s verdict on the firearm possession count; and (4) the cumulative effect of these claimed errors violated due process.
We will affirm the judgment.
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