P. v. Drake CA5
Gaspar Drake, an inmate at Corcoran State Prison, was convicted of battery on a nonprisoner and obstructing a correctional officer in the performance of his duties. Drake argues reversal is required because the trial court abused its discretion when it excluded evidence concerning the victim’s past use of excessive force. We conclude no error occurred because the proposed testimony had very little, if any relevance, to the issue before the jury. We reach this conclusion because, according to the undisputed testimony, the correctional officer at which the proposed testimony was directed never touched Drake during this incident. Since this correctional officer could not have used excessive force in this case, the proposed testimony was properly excluded.
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