People v. Trejo CA2/5

INTRODUCTION

Defendant and appellant Eddie Trejo (defendant) was convicted of assault by means likely to produce great bodily injury in violation of (Pen. Code, § 245, subd. (a)(4)1). On appeal, defendant contends that the trial court abused its discretion in admitting evidence of prior acts of domestic violence, and by prohibiting defense counsel from cross-examining a police officer on a statement made in his partner’s police report. The Attorney General contends, and defendant does not oppose, that the abstract of judgment must be amended because it contains two clerical errors. We order that the abstract of judgment be amended as set forth below, and we otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence Erica R. (Erica) testified that as of March 2012, she had lived with defendant for about 10 years. Throughout the day on March 10, 2012, she and defendant drank a bottle of vodka in their residence. After watching movies with defendant at home, Erica went to sleep and woke up at about 2:00 a.m. on March 11, 2012. She and defendant had a normal conversation after she awoke. Suddenly and for no apparent reason, defendant “started…