PEOPLE v. SHOEMAKER

Docket No. 11536.

135 Cal.App.3d 442 (1982)

185 Cal. Rptr. 370

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY FLOYD SHOEMAKER, Defendant and Appellant.

Court of Appeals of California, Third District.

August 26, 1982.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Cynthia A. Thomas, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Gary A. Binkerd, Deputy Attorneys General, for Plaintiff and Respondent.


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...

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