People v. Torres CA1/3

Statement of Facts Prosecution evidence Defendant and Hendricks were acquainted through their girlfriends: defendant’s girlfriend Betty Zierke is the daughter of Hendricks’s girlfriend. On the day in question, Hendricks was 56 years of age and defendant was 36 years old. The men are about the same height and weight. Hendricks testified he borrowed $100 from defendant and the men fought when defendant came to Hendricks’s home to demand payment. Hendricks said he was not “getting along” with defendant at the time and had previously asked him “not to show up” at Hendricks’s house because defendant was having “issues” with Zierke. Hendricks described the “issues” as “Domestic stuff. You know they had arguments and fights and stuff.” Hendricks was not present during these arguments. Prior to the start of trial, defendant made an in limine motion to exclude evidence of prior uncharged criminal acts as unduly prejudicial and improper character evidence. (Evid. Code, §§ 352, 1101.) The court denied the motion, holding that defendant’s “reputation for pummeling people” could be admitted to show Hendricks feared him. Consequently Hendricks further testified, over an additional hearsay…