Shoemaker

We here consider whether defense evidence of a victim’s subsequent acts of violence is admissible in a criminal case to prove his aggressive and violent character at the time of the earlier crime. We conclude that this post crime character evidence is relevant and, like all relevant evidence, is admissible unless properly excluded under Evidence Code section 352.

A jury convicted defendant of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and found he inflicted great bodily injury in the commission of that crime. (Pen. Code, § 12022.7.) He admitted a prior conviction. (Pen. Code, § 667.5, subd. (b).) Sentenced to state prison for an aggregate term of seven years, his sole contention on appeal is that the trial court abused its discretion by excluding evidence of subsequent acts of violence by the victim. We find no discretionary error and consequently affirm the judgment.

I

Late in the afternoon of January 20, 1981, Ralph Kelly observed a woman he had known previously walking on Rio Linda Boulevard in Sacramento. The woman, Barbara C., was arguing with the defendant, her boyfriend. At Kelly’s invitation, Barbara got into the pickup truck in which Kelly was…