People v. Morton

Opinion

BEDS WORTH, Acting P. J.

Roy Lee Morton appealed from his conviction on charges of domestic battery with corporal injury (Pen. Code, § 273.5, subd. (a)), and misdemeanor assault (a lesser included offense of the aggravated assault charged pursuant to Pen. Code, § 245). Morton argued the court abused its discretion in allowing the jury to hear evidence he had engaged in a prior, uncharged incident of domestic violence, and erred by following our Supreme Court’s precedent in People v. Black (2005) 35 Cal.4th 1238 [29 Cal.Rptr.3d 740, 113 P.3d 534] in its application of California’s…