P. v. Tejeda
The jury found defendant Juan Tejeda guilty of the second degree murder of Gladys Quinones in violation of Penal Code section 187, subdivision (a),[1]with the jury specially finding defendant personally used a deadly weapon, a putty knife ( 12022, subd. (b)(1)), to kill her. The trial court imposed a sentence of 15 years to life for the murder plus an additional year for the weapon enhancement. In his timely appeal, defendant contends the trial court prejudicially erred in applying Evidence Code sections 1109 and 1101, and violated his constitutional right to due process by admitting evidence of defendants prior act of domestic abuse against the victim. He also contends the application of Evidence Code section 1109, which permits the admission of other acts of domestic violence under specified conditions, violated his federal due process rights. Finally, defendant contends the trial court improperly instructed the jury concerning the manner in which to consider the prior act of domestic violence.
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