People v. Firestone CA4/1

DISCUSSION

I. Admission of Evidence of Defendant's Prior Acts of Vandalism

A. Background

Prior to trial, the prosecution filed a motion requesting that the court allow

admission of defendant's two prior convictions for vandalism to prove defendant's

identity and intent. The prosecutor told the court that in the first incident defendant

kicked out the window of a patrol car; in the second incident he kicked and broke the

glass front door of a business; and during at least one of the incidents he had been

drinking. The prosecutor argued the prior incidents were similar to the current charged

incident because they both involved defendant breaking glass. Defense counsel objected

to admission of the evidence, arguing the prior incidents were not sufficiently similar and

were more prejudicial than probative. The court ruled the evidence was admissible,

stating it was highly probative and that it had weighed the evidence under Evidence Code

section 352.

At trial, the parties agreed that the prior misconduct evidence would be presented

to the jury by means of a stipulation. The jury was provided with the following

stipulation: " 'On two previous…