People v. Biddle CA2/3

DISCUSSION

1. The Trial Court Properly Gave CALCRIM No. 852 to the Jury. The trial court gave to the jury CALCRIM No. 852, concerning evidence of uncharged domestic violence,2 and CALCRIM No. 223, concerning the definitions of direct and circumstantial evidence.3 Appellant claims CALCRIM No. 852 violates his right to due process. However, Evidence Code section 1108 permits the introduction of evidence of a defendant’s prior sexual offenses in a case involving a current sexual offense by the defendant. Our

2 CALCRIM No. 852, as given by the court, stated, in relevant part, “The People presented evidence that the defendant committed domestic violence that was not charged in this case, specifically incidents involving LaQuinisha W. on September 6, 2011 and February 25, 2010 and incidents involving Coretta Wilson on February 26, 2005 and October 21, 2004. [¶] . . . [¶] You may consider this evidence only if the People have proved by a preponderance of the evidence that the defendant in fact committed the uncharged domestic violence. . . . [¶] . . . [¶] If you decide that the defendant committed the uncharged domestic violence, you may, but are not required to, conclude from that…