P.

FACTS

Defendant and Davidson did not like each other. In 2006, while working as a bartender at the Stockman Club, defendant kicked Davidson out of the bar and convinced the owner to permanently ban him from returning. After being removed from the bar, Davidson challenged defendant to fight him at a park across the street. According to Davidson, rather than follow him across the street, defendant stood in front of the bar and “ran his mouth.” On another occasion, Davidson and a friend went to a deli near the Stockman Club. Defendant was also there. As Davidson explained: “[Defendant] was running his mouth saying we needed to leave. We need to leave. It’s his place. It’s his town.” Defendant then walked outside. Davidson followed, tapped defendant on the shoulder, and slapped him across the face as he turned around. Defendant walked away without retaliating. On August 19, 2009, Davidson, Jason Flatt, Shaun Ross, and Janee McCalister were drinking at another Fair Oaks bar called the Vent. After drinking for a couple of

Defendant’s claim of ineffective assistance of counsel is premised on his trial counsel’s purported error in opening the door to evidence of defendant’s prior…