Is a trial counsel's failure to object to evidence of a defendant's belligerent conduct during a police chase admissible?

California, United States of America

The following excerpt is from People v. Zato, A147284 (Cal. App. 2017):

Trial counsel's "failure to object" to evidence of defendant's belligerent conduct was not deficient because the evidence was admissible under Evidence Code section 1101, subdivision (b) to prove relevant facts other than criminal disposition. (See People v. Finney (1980) 110 Cal.App.3d 705, 715 [In trial on charges of assault with a deadly weapon, evidence of aggressive and combative driving during police chase was admissible to rebut defendant's defense of mere reckless conduct.].) As the prosecutor argued in the trial court, evidence of defendant's "overall combative and aggressive behavior leading up to and directly following her assault on the victim is circumstantial evidence that the defendant's actions were in fact intentional."

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