People v. Larson

Opinion

McKINSTER, J. Defendant and appellant Jon Warren Larson appeals after he was convicted of one count of inflicting corporal injury on a cohabitant. The conviction was a third strike for defendant, who was sentenced to 27 years to life. Defendant contends (1) the trial court erred in admitting evidence of a past uncharged incident, and (2) the admission of records of defendant’s prior convictions violated his Sixth Amendment right of confrontation and cross-examination. We are unpersuaded, and affirm the judgment.

FACTS AND PROCEDURAL HISTORY

Defendant met Deborah Jessen in February of 2007. Both homeless, they spent the next few months together, staying variously at friends’ homes; at motels; or sometimes without shelter, camping near a local riverbed. Jessen [835]received about $800 per month in Social Security Disability income; lessen and defendant shared her money, and they panhandled together.

By June 2007, defendant and lessen had been together for about four months. In the first week of June, they were sharing a room at a motel in Riverside. Neither defendant nor lessen had any valid identification, so they prevailed upon a friend, Robert Tinsley, to rent the room for them. They used lessen’s money to pay for the room, however.

During the night and early morning hours of June 6 to 7, 2007, defendant and lessen quarreled over their last cigarette, lessen testified that, the next thing she knew, defendant had knocked her down and she was on the floor. Defendant proceeded to punch lessen with his fists, bit her on the leg and arm, and choked her. lessen blacked out.

When lessen regained consciousness, she saw defendant in another part of the room, breaking an ashtray, lessen seized the opportunity to get away and fled, naked, from the room. She found another resident outside his motel room and asked for help. The man gave lessen his shirt, and let her inside his room.

Watching through the peephole, lessen saw defendant leave in a car with one of defendant’s relatives, lessen ran back to her own room, put on some clothes, gathered her belongings, and went to a nearby hospital, lessen was treated for several injuries, including a swollen right eye, a puffy and swollen face, a cut lip, and bite marks on her arm and leg.