California, United States of America
The following excerpt is from People v. Ransom, E072090 (Cal. App. 2020):
3. Defendant was charged with the three later assaults occurring in 2014 and 2015, but the jury failed to reach a verdict on two of the charged incidents. Although the charged as well as uncharged incidents could be considered by the jury as propensity evidence under Evidence Code, section 1109, subdivision (a) (People v. Villatoro (2012) 54 Cal.4th 1152, 1162-1164, and fn. 5, disapproving People v. Quintanilla (2005) 132 Cal.App.4th 572, [holding that it was improper to instruct the jury it could consider both charged and uncharged offenses as evidence of defendant's propensity to commit domestic violence]), we include only the Thanksgiving Day incident in 2014. We omit any discussion of the last incident of domestic violence because it did not precede the charged offense of which defendant was convicted.
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