People v. Fruits

Opinion

MURRAY, J.

In this case, we discuss the admissibility of evidence under Evidence Code sections 1109, 1101, subdivision (b), and 352 in an elder abuse prosecution. Defendant John Patrick Fruits threatened his 73-year-old mother and swung long-handled pruning shears at her, missing her neck by a matter of inches. When he returned to her home the following day, he threatened to kill his mother because she had called the police.

A jury found defendant guilty of elder abuse (Pen. Code, § 368, subd. (b)(1); count one), 1 assault with a deadly weapon (§ 245, subd. (a)(1); count two), making…