People v. Rios CA5

INTRODUCTION

Following a jury trial, defendant Edward Corchado Rios, Jr., was convicted of the crimes of assault by means likely to produce great bodily injury, battery with serious bodily injury, and possession of a controlled substance. The jury also found true certain enhancements. Defendant was sentenced to nine years eight months in state prison. On appeal, defendant contends the trial court violated his due process rights by permitting the admission of two prior convictions related to domestic violence under Evidence Code sections 352 and 1109. We affirm, finding the trial court did not err in permitting the admission of defendant’s prior conviction evidence.

FACTUAL BACKGROUND

Ashley Vera and defendant had an off-and-on-again dating relationship. On January 19, 2013, defendant asked Vera for a ride to Fresno. She picked him up at his home about 8:00 p.m. During the drive, defendant told Vera he wanted his house keys back. When she asked him why, defendant replied, “Bitch, give me my house keys.” Because she was driving, and defendant’s keys were on the same keyring as the car’s ignition key, Vera indicated she would return the house keys when she stopped the car.…