People v. Campos-Cervantes CA6

I. BACKGROUND

The Monterey County District Attorney, in the operative amended information, charged Campos-Cervantes with corporal injury to an intimate partner (Pen. Code, § 273.5, subd. (a)1; count 1), and two misdemeanor offenses—annoying telephone calls (§ 653m, subd. (b); count 2) and violation of a criminal protective order (§ 166, subd. (c)(1); count 3). The matter proceeded to trial on May 3, 2020. A. In Limine Matters The trial court heard motions in limine on the first day of trial. Among the motions was Campos-Cervantes’s request to exclude any evidence of prior domestic violence under Evidence Code section 1109.2 Campos-Cervantes objected to the vagueness of the People’s proffer that Doe would testify that Campos-Cervantes had been violent with her “too many [times] to count,” but the trial court found her testimony would be admissible under Evidence Code section 1109. The court also allowed testimony regarding two post-offense instances of violence.

1 Undesignated statutory referenced are to the Penal Code.

Section 1109 provides that “evidence of the defendant’s commission of other 2

domestic violence is not made inadmissible by Section 1101 if the evidence…