James

Evidence Code section 1109 allows for the admission of evidence of a defendant’s commission of prior acts of domestic violence as propensity evidence when the defendant is accused of “an offense involving *480 domestic violence.” 1 In the published portion of our opinion we find that “an offense involving domestic violence” may include the crime of burglary.

Defendant, Robert Earl James, was convicted of first degree burglary after he broke down the door of a woman he had formerly lived with (K.M.). The trial court admitted evidence of a prior instance of domestic violence against the victim and evidence of a prior act of domestic violence against one of defendant’s former girlfriends (J.F.). Defendant claims the trial court erred in admitting the evidence of the prior act of domestic violence against J.F. He also claims the trial court erred when it modified the instruction regarding propensity evidence. We affirm.

Facts

K.M. knew defendant for approximately six years; they lived together during a portion of this time. On February 23, 2008, defendant and K.M. spent some time together at his house. K.M. had been drinking and using methamphetamine. She and defendant…