People v. Smith CA2/1

STATEMENT OF FACTS

Defendant Bobbie Smith appeals from a judgment entered after a jury convicted him of one count of false imprisonment by violence (Pen. Code, § 236),1 one count of attempted forcible rape (§§ 664/261, subd. (a)(2)), and one count of indecent exposure with a prior conviction (§ 314, par. 1.). Appellant contends that the convictions are not supported by substantial evidence and that the trial court erred in allowing evidence of prior convictions pursuant to Evidence Code sections 1108 and 1101, subdivision (b). We affirm the conviction for indecent exposure with prior conviction, and reverse the convictions for attempted forcible rape and false imprisonment by violence.

I. Prosecution Evidence

On July 21, 2010, at about 8:00 a.m., 19-year-old A. M. arrived with her two- month-old baby at her mother-in-law’s business, a traffic school, and parked her car outside a closed gate in front of the school. The office had not yet opened and A. was there to meet a client of the school. When A. first arrived at the school, she noticed appellant sweeping outside a business next door to the school. She recognized him as having swept outside the traffic school once in the…