People v. Williams

Defendant Jack B. Williams was convicted by a jury of committing various assaults on a 71-year-old man. Over defendant’s objection, the prosecution presented evidence that defendant had committed two previous attacks on older men. On appeal he challenges the constitutionality of Evidence Code section 1109, subdivision (a)(2), which authorizes the admission of evidence of prior bad acts in this context. We reject that challenge and shall affirm defendant’s conviction.

Background

At trial there was substantial evidence of the following facts. The 71-year-old victim testified that on April 28, 2006, he was living in a hotel room in San Francisco. He awoke at approximately 8:30 p.m. and found defendant in his room, “absolutely nude.” The victim had not invited defendant in and did not know he was there until he awoke. Defendant approached the victim and said he wanted to have sex with him. The victim said, “I backed away toward my bed and he draped himself over me.” At some point, defendant “started licking [the victim’s] shoulder.” Defendant put his hand over the victim’s mouth and the victim bit it. The victim threw a “piece from a brass bed” at defendant, but believed…