People v. Ortiz CA3

BACKGROUND

In Limine Motion to Admit Four Instances of Other Crimes Before trial, the prosecution anticipated defendant would tender a defense based on lack of intent due to voluntary intoxication. To prove defendant’s intent to commit burglary and robbery, the prosecutor filed an in limine motion to admit four prior criminal acts under Evidence Code section 1101, subdivision (b). The four other crimes involved the following: Robbery in 1990. In April 1990, defendant and another person entered a liquor store. Defendant selected a 12-pack of beer and attempted to leave without paying. When confronted by the store clerk, defendant punched the clerk in the chest and left. Defendant was convicted of robbery. Uncharged burglary in 1995. On September 14, 1995, Gloria Valencia was living with her ex-husband, Juan Ibarra. At 3:40 a.m., Valencia heard noises from outside the residence. When she looked out, she saw two people who appeared to be trying to steal her vehicle. Ibarra told her to stay inside. Valencia called 911, before

2 going into her son’s room to await the police. At 3:45 a.m., Woodland Police Officer Timothy Mattos arrived at the house. When he walked through the house,…