People v. Pimentel CA5

FACTS AND PROCEDURAL HISTORY

In November 2012, the Kern County District Attorney filed an information against Pimentel charging her with a single count of causing or permitting her son, A., to be inflicted with unjustifiable physical pain or mental suffering. It was further alleged that Pimentel personally inflicted great bodily injury upon A. On May 28, 2013, Pimentel filed a motion in limine to exclude, among other things, “evidence of prior bad acts committed by [Pimentel] against her children.” She specifically identified three occasions of prior bad acts. First, Pimentel told a social worker in 2006 that she heard voices telling her to kill her daughter, D., and that she would put her hand over D.’s mouth to prevent her from breathing. Second, in late 2011, when A. was one month old, he fell off a couch while in Pimentel’s care and an ambulance had to be called. Third, Pimentel told a social worker in April 2012 that she accidentally ate a marijuana-laced brownie prior to breastfeeding A. She argued that

All further statutory references are to the Penal Code unless otherwise noted.

2. evidence of these incidents was irrelevant, constituted improper character…