P. v. Frizzell
At trial, undisputed evidence established that Suzette Chalene Frizzell repeatedly stabbed Stuart Phillips in the back after they engaged in sexual intercourse on a bed they shared in a canyon where they lived. Frizzell testified in support of her defense that she did not have an intimate relationship with Phillips, and he was raping her when she stabbed him. The court admitted evidence of three prior acts of domestic violence that Frizzell allegedly committed. The court also admitted evidence that Frizzell had previously committed an assault with a machete.
Frizzell appeals, contending (1) there was insufficient evidence of cohabitation to support either her conviction of corporal injury to a cohabitant or the true finding that she inflicted great bodily injury upon Phillips under circumstances involving domestic violence; (2) the court deprived her of her due process right to a fair trial by erroneously admitting evidence under Evidence Code sections 1109 and 352 that she had committed three prior acts of domestic violence; (3) the court also deprived her of her due process right to a fair trial by erroneously admitting evidence under Evidence Code section 1101, subdivision (b) that she had assaulted a neighbor and a prior roommate with a machete; and (4) the court committed reversible error by instructing the jury on prior acts evidence under CALJIC No. 2.50.02, which permitted the jury to convict Frizzell with less than proof beyond a reasonable doubt. Court reject these contentions and affirm the judgment.
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