People v. Acosta CA6

I. INTRODUCTION

Defendant Andy Allen Acosta appeals after a jury convicted him of inflicting corporal injury on the mother of his child (Pen. Code, § 273.5, subd. (a)1), false imprisonment by violence (§ 236), criminal threats (§ 422), misdemeanor vandalism (§ 594, subd. (a)), misdemeanor battery on the mother of his child (§ 243, subd. (e)(1)), and three counts of misdemeanor violation of a protective order (§ 166, subd. (c)(1)). Defendant was sentenced to a five-year, eight-month prison term. On appeal, defendant contends he received ineffective assistance of counsel because his trial attorney did not object when the trial court admitted evidence, pursuant to Evidence Code section 1109, that defendant committed a prior domestic violence

1 All further statutory references are to the Penal Code unless otherwise indicated. offense more than 10 years before the charged offenses. Defendant also contends that his constitutional right to due process was violated when the trial court admitted evidence of two prior domestic violence offenses pursuant to Evidence Code section 1109. Additionally, defendant contends—and the Attorney General concedes—that the trial court erred by…