Morton

Roy Lee Morton appealed from his conviction on charges of domestic battery with corporal injury (Pen. Code, § 273.5, subd. (a)), and misdemeanor assault (a lesser included offense of the aggravated assault charged pursuant to Pen. Code, § 245). Morton argued the court abused its discretion in allowing the jury to hear evidence he had engaged in a prior, uncharged incident of domestic violence, and erred by following our Supreme Court’s precedent in People v. Black (2005) 35 Cal.4th 1238 [ 29 Cal.Rptr.3d 740 , 113 P.3d 534 ] in its application of California’s determinate sentencing law.

We were unpersuaded of any error. There is no basis to conclude the court abused its discretion on the evidentiary issue. The prior incident of domestic violence bore significant similarities to this one, and the fact that it was unprovoked—rather than provoked as Morton contends this incident was— made it germane to Morton’s claim of self-defense. The court’s decision to admit testimony concerning the prior incident from the alleged victim’s son was likewise reasonable. The son was a direct witness to the prior incident, and while he was of a tender age (nine years) at the time of the…