Can a defendant be found guilty of a charge of domestic violence against a third party for a second time?

California, United States of America


The following excerpt is from People v. Otis, F075975 (Cal. App. 2019):

Defendant's prior acts of domestic violence were not remote in time, were against a different victim, resulted in convictions, and the parties in fact ultimately stipulated to their admissibility. Under these circumstances, we cannot conclude the trial court abused its broad discretion in concluding the probative value of the limited evidence of defendant's previous convictions were not substantially outweighed by the danger of undue prejudice. (See People v. Johnson (2010) 185 Cal.App.4th 520, 531-536 [concluding other acts of domestic violence admitted into evidence were not substantially more prejudicial than probative, in part because the acts (1) had resulted in convictions, (2) were similar to charged crimes, (3) were not too remote, and (4) evidence of current crime was strong, lessening possibility that jury would be swayed by evidence of past acts].)

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