People v. Shoemaker

Opinion

SPARKS, J.

We here consider whether defense evidence of a victim’s subsequent acts of violence is admissible in a criminal case to prove his aggressive and violent character at the time of the earlier crime. We conclude that this post crime character evidence is relevant and, like all relevant evidence, is admissible unless properly excluded under Evidence Code section 352.

A jury convicted defendant of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), and found he inflicted great bodily injury in the commission of that crime. (Pen. Code, § 12022.7.) He admitted a prior…