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People v. Shoemaker8/26/1982
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT
Crim. No. 11536
1982.CA.40364 ; 185 Cal. Rptr. 370; 135 Cal. App. 3d 442
August 26, 1982
THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TIMOTHY FLOYD SHOEMAKER, DEFENDANT AND APPELLANT
Superior Court of Sacramento County, No. 59962, A. Richard Backus, Judge.
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 by Sparks, J., with Puglia, P. J., and Evans, J., concurring.
Sparks
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 conviction. (Pen. Code, § 667.5, subd. (b).) Sentenced to state prison for an aggregate term of seven years, his sole contention on appeal is that the trial court abused its discretion by excluding evidence of subsequent acts of violence by the victim. We find no discretionary error and consequently affirm the judgment.
I
Late in the afternoon of January 20, 1981, Ralph Kelly observed a woman he had known previously walking on Rio Linda Boulevard in Sacramento. The woman, Barbara C., was arguing with the defendant, her boyfriend. At Kelly's invitation, Barbara got into the pickup truck in which Kelly was riding. They drove to the home where Barbara and defendant lived.
When they arrived, defendant had also returned and was outside. Barbara invited Kelly inside where the three had some drinks and
talked. Later that evening, all three went to a nearby bar. Barbara and Kelly returned to the house and went to bed together. Defendant remained at the bar.
Kelly later awoke to the sound of Barbara screaming and felt a knife in his side. He jumped up and saw defendant with the knife. As Kelly and defendant wrestled for the knife, Kelly was stabbed eight times. Defendant went to a neighbor's house and told the resident he had stabbed a man because the man was having sex with his girl friend. Defendant also told police after his arrest that he saw his girl friend and Kelly in bed together and that he stabbed Kelly.
Defendant testified he stabbed Kelly in self-defense. Defendant told the jury when he returned home he found the door broken and, as he went inside, he was struck on the head and knocked unconscious. After regaining consciousness, defendant assumed there was a burglar on the premises. When he opened the bedroom door, Barbara screamed and defendant saw a man jump up and t
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