P. v. Trujillo
A jury convicted Alejandro Cesar Trujillo[1]of first degree murder (Pen. Code, 187, subd. (a)) and found true an enhancement allegation that he intentionally and personally discharged a firearm causing death to a person (Pen. Code, 12022.53, subd. (d)). At trial, the court permitted the defense to introduce evidence that the victim, Alexander Cole, had a character trait for violence. Over Trujillo's objection under Evidence Code[2]section 352, the court allowed the prosecution under section 1103, subdivision (b) (hereafter section 1103(b)) to introduce rebuttal evidence that Trujillo had admitted under oath in a prior criminal proceeding that he had threatened to commit a crime that could have resulted in death or great bodily injury (Pen. Code, 422) to someone not involved in the present case.
Court conclude the court did not abuse its discretion when it allowed the prosecution to introduce rebuttal evidence that Trujillo had admitted making a criminal threat, and thus Court affirm his conviction in the present case.
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