People v. Swan CA5

INTRODUCTION

Appellant Brandon Artis Swan was convicted by jury of inflicting corporal injury on a cohabitant (Pen. Code,1 § 273.5, subd. (a)), animal cruelty (§ 597, subd. (a)), and violating a court order (§ 166, subd. (a)(4)). He was sentenced to the upper term of four years in state prison. On appeal, Swan argues that the trial court prejudicially erred by admitting evidence of an uncharged act of domestic violence he committed against C.G., who is also the victim of the currently charged offense of corporal injury on a cohabitant. We affirm.

FACTUAL AND PROCEDURAL HISTORY

The Prosecution’s Case The Underlying Offenses Swan and C.G. were in a dating relationship and lived together. During their four- year relationship, C.G. secured three orders of protection against Swan, all of which were in effect at the time of the currently charged offenses. On October 7, 2023, Swan choked C.G. during an argument. He also pushed her and grabbed her arm tightly. C.G. suffered bruising on her knee and arm from the incident. On October 8, 2023, Swan and C.G. went out to eat dinner. When they returned home, C.G. stayed outside on the back patio. Sometime later, Swan came outside and told…