Prior Acts of Domestic Violence Help Prove the Requisite Intent for Entry in a Residential Burglary (First Degree).

"From the Classroom"  - Ray Hill, Professor Emeritus, Santa Rosa Junior College

Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

Peo. v. Mani, 3DCA, #C088716, 2022 Cal. App. Lexis 66, January 2022.

       Here is a new case example of charging Burglary as a cause of action in a domestic violence case. Defendant forcibly entered the home of his mother and brother at night (the garage entry door hinges and door jamb had been “ripped off”). Both victims had active restraining orders issued against the defendant.  The brother was awakened by the noise, opened the bedroom door, observed the defendant coming up the stairs, 6’-7’ away, yelling, and holding a kitchen knife in front of him. The brother closed and locked the bedroom door and called 9-1-1. Defendant was found by a K-9 hiding underneath cushions in the backyard. The knife was found nearby.

       Defendant was convicted of First Degree Burglary (amongst other   related charges) because he entered the residence with the intent to commit a felony. The following evidence helped prove the required specific intent prior to entry:

       Five prior acts of assault, threats, and harassment; prior acts of theft of property from the residence (some of these acts involved forcible entry); knowledge of past restraining order violations; and the active restraining order violation.

       These prior acts were admissible as propensity evidence to prove the conduct of the defendant in the present crime charged (1109 E.C.). The acts fell under the definition of domestic violence (13700(a) P.C.).  “Burglary is a crime of domestic violence for the purposes of 13700 P.C. – Peo. v. James (2010) 191 Cal. App. 4th 478).

       Past reports to your agency, even if the act(s) did not ....

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