P. v. Lopez
Appellant was convicted of (1) first degree burglary (Pen. Code, 459), (2) stalking with a prior stalking conviction (Pen. Code, 646.9, subd. (b)), (3) threatening bodily injury (Pen. Code, 422), and (4) brandishing a weapon (Pen. Code, 417, subd. (a)(1)). Appellant contends the court abused its discretion in admitting evidence of appellants prior acts of stalking and domestic violence, contrary to the provisions of Evidence Code sections 352 and 1101; the court instructed the jury in the language of Judicial Council of California Criminal Jury Instructions (2007-2008), CALCRIM No. 852 (CALCRIM) in violation of his constitutional rights; the conviction on count 3 was not supported by sufficient evidence; and the prosecutor engaged in misconduct in her closing argument. Court affirm.
Comments on P. v. Lopez