P. v. Shine
Appellant/defendant Shannon Dion Shine was convicted of count II, corporal injury to a cohabitant with a prior conviction (Pen. Code,[1] § 273.5, subds. (a), (c)); count III, assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)); and count IV, corporal injury to a cohabitant with a prior conviction (§ 273.5, subd. (a)). He had three prior strike convictions and one prior prison term enhancement. He was sentenced to an aggregate third strike term of 50 years to life plus one year for the enhancement.
On appeal, defendant argues the court erroneously admitted evidence of his prior acts of domestic violence as propensity evidence pursuant to Evidence Code section 1109, and asserts such evidence violated his constitutional right to due process. Defendant also contends the court abused its discretion when it declined to dismiss his prior strike convictions and instead imposed two third strike terms. We will affirm.
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