People v. James
191 Cal. App. 4th 478
| Cal. Ct. App. | 2010Background
- Defendant was convicted of first degree burglary in a context where domestic violence evidence was at issue.
- Evidence of prior domestic violence against the victim (K.M.) and against a former girlfriend (J.F.) was admitted.
- The charged burglary involved breaking into K.M.’s home and threatening behavior indicating intent to commit domestic violence.
- K.M. testified to prior 2005 domestic violence by defendant at her home.
- J.F. testified to a 2002 domestic violence incident during cohabitation with defendant.
- The trial court admitted the prior acts under Evidence Code 1109 and the court affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether burglary can be an offense involving domestic violence under 1109 | James argues burglary is not inherently domestic violence | People contends burglary can qualify when acts show intent to commit domestic violence | Yes; burglary here qualified as an offense involving domestic violence under 1109 |
Key Cases Cited
- People v. Reyes, 160 Cal.App.4th 246 (2008) (recognizes 1109 exceptions in DV prosecutions)
- People v. Story, 45 Cal.4th 1282 (2009) (story-like analysis of 1108/1109 in sex-offense context; burglary based on intent to commit rape treated as sex offense)
- People v. Pierce, 104 Cal.App.4th 893 (2002) (assault with intent to commit rape under 1108; underlying burglary linked to sexual offense)
- People v. Brown, 77 Cal.App.4th 1324 (2000) (relationship between 1108 and 1109; complementary statutory scheme)
- People v. Johnson, 77 Cal.App.4th 410 (2000) (interpretation of 1108/1109 analogies in admissibility of prior acts)
- Falsetta, 21 Cal.4th 903 (1999) (discussion of sex offenses within 1108 context)