P. v. Diaz
A jury convicted defendant and appellant Oscar Robles Diaz of second degree murder in the 2009 stabbing death of Leon Torres. Diaz contends the trial court erred in excluding evidence that three years earlier Torres threatened to shoot his landlord’s son in an argument over unpaid rent. The court excluded the 2006 incident under Evidence Code section 352[1] because it had only “marginal[] probative†value and admitting it would “confuse the issues at trial [and] . . . unduly consume time.†Diaz argues the evidence supported his self-defense claim because it showed Torres’s propensity for violence. We find no abuse of discretion and affirm the trial court’s judgment.
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