People v. Jones CA4/1

Filed 10/11/24 P. v. Jones CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084672

Plaintiff and Respondent,

v. (Super. Ct. No. FVI23000814)

KARDELL JONES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Bernardino County, Miriam I. Morton, Judge. Affirmed. Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent. MEMORANDUM OPINION A jury convicted Kardell Jones of battery on a person with whom he had a dating relationship (Pen. Code, § 243, subd. (e)(1)) and another count.

Jones appeals the battery conviction, arguing the trial court prejudicially erred when it permitted certified conviction records—as opposed to live testimony—of Jones’ other acts of domestic violence as propensity evidence under Evidence Code section 1109. Although Jones contends People v. Robinson (2024) 99 Cal.App.5th 1345, 1356, was “wrongly decided,” we agree with its reasoning and holding that “evidence” in section 1109 includes certified conviction records. We affirm by memorandum opinion. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851-855.) I. Section 1109 “carved out specific exceptions to the ban on propensity evidence” for defendants charged with domestic violence. (People v. Merchant (2019) 40 Cal.App.5th 1179, 1192.) For those defendants, “evidence” of their other acts of domestic violence is admissible to establish a propensity for domestic violence subject to balancing its probative value under section 352. (Evid. Code, § 1109(a).) “The statute reflects the Legislature’s determination that in domestic violence cases, similar prior offenses are uniquely probative of a defendant’s guilt on a later occasion.” (Merchant, at p. 1192.) We review the admission of evidence under section 1109 for abuse of discretion (People v. Johnson (2010) 185 Cal.App.4th 520, 531) and questions of law de novo (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711-712). II. A. Robinson examined the exact question before us—whether certified conviction records can be used as evidence of other domestic violence under section 1109—and answered it in the affirmative. (Robinson, 99 Cal.App.5th at p. 1356.) It agreed with People v. Wesson (2006) 138 Cal.App.4th 959,