P. v. Garcia
A jury convicted Miguel Garcia of one count of stalking with a court order in effect (Pen. Code, § 646.9, subd. (b)) and four counts of disobeying a court order (Pen. Code, § 273.6, subd. (a)). Garcia admitted two prior stalking convictions and one prison prior (Pen. Code, § 667.5, subd. (b)). Garcia was sentenced to a determinate term of five years in prison, plus an additional consecutive one-year term for the prison prior.
Garcia appeals contending that the trial court abused its discretion in permitting the prosecution to introduce evidence of prior uncharged conduct involving the victim of the charged offenses pursuant to Evidence Code[1] sections 1101, subdivision (b) and 1109. Garcia further contends that section 1109 is facially unconstitutional. We will reject both contentions and affirm.
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