People v. Rodriguez CA5

INTRODUCTION

Appellant and defendant Joseline Valerie Rodriguez was charged and convicted of the first degree murder of Fidel Osorio, committed on October 9, 2018. Defendant had lived with Osorio in his trailer for two to three months prior to the murder. Defendant was arrested a few hours after the murder, and admitted she repeatedly hit him in the head with a metal pipe. She was sentenced to 25 years to life, plus one year for a personal use enhancement. On appeal, defendant argues the court abused its discretion when it granted the prosecution’s motion to introduce evidence that she had three prior convictions for domestic violence offenses, committed against another person, within the meaning of Evidence Code1 section 1109. She further argues the court again abused its discretion by excluding evidence that Osorio had prior felony convictions, and that such evidence was admissible and relevant under section 1103 to show his violent nature. We affirm.

FACTS

Elena Bautista lived in a house on Florence Street in Lamont. There was a trailer parked on the back of the property. Ms. Bautista testified to her belief that at the time of the homicide, Fidel Osorio had lived in the…