People v. Cervantes

Defendant was convicted, after jury trial, of first-degree murder. Defense presented testimony that victim previously threatened that if Defendant ever wanted to fight the victim, Defendant should fight to kill victim because that's how victim would fight Defendant. This defense strategy focused on victim's less than peaceful nature, but did not attempt to prove Defendant's peaceful nature. A defendant does not place his peaceful character at issue by remaining silent about it. Thus, court erred in admitting evidence of Defendant's three prior misdemeanor convictions for violent offenses from 1996, 1997, and 2000 as substantive rebuttal evidence. Erroneous admission of other crimes evidence creates a high risk of prejudice, and prejudice was magnified by modified jury instruction which mentioned other crimes evidence. Defendant was denied due process by court, sua sponte, researching life expectancy during sentencing hearing. (McDADE, concurring; HOLDRIDGE, dissenting.)