People v. Evans

Opinion

HULL, J.

Defendant Gary Brian Evans was sentenced to an aggregate term of seven years in prison in three cases stemming from acts of domestic violence against his wife. On appeal, defendant contends the admission of other incidents of domestic violence under Evidence Code section 1109 violated his state and federal due process rights to a fair trial. He also contends the trial court erred in instructing the jury with CALJIC No. 2.50.02 (1999 rev.) (6th ed. 1996) (hereafter CALJIC No. 2.50.02) and a modified version of CALJIC No. 2.50.2. Finally, defendant contends the trial court…