People v. Johnson

In People v. Falsetta (1999) 21 Cal.4th 903 [ 89 Cal.Rptr.2d 847 , 986 P.2d 182 ], our Supreme Court recently held that Evidence Code section 1108, which allows evidence of a defendant’s prior sexual offenses in prosecutions for sex crimes, does not violate a defendant’s right to due process of law.

In this case, following Falsetta , we hold that Evidence Code section 1109, which allows evidence of a defendant’s prior domestic violence in a prosecution for an offense involving domestic violence, does not violate defendant’s right to due process.

Defendant George Edward Johnson, Sr., appeals from a judgment following his conviction for first degree murder (Pen. Code, § 187), spousal battery (§ 273.5), assault with a knife (§ 245, subd. (a)), terrorist threat (§ 422), attempted spousal rape (§ 262), and stalking (§ 646.9). Defendant contends the judgment must be reversed because his due process rights were violated by admission of prior acts evidence under Evidence Code section 1109, and instructional error. He also claims ineffective assistance of counsel.

In the published portion of the opinion we reject his constitutional challenge to Evidence Code section 1109. In…