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Lopez v. State

The defendant failed to prove that his trial counsel was ineffective in failing to raise a lack of notice objection to evidence of prior difficulties between the defendant and the victim, as notice was not required, the evidence was relevant and admissible and trial counsel was thus not deficient in failing to make a meritless objection.

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After a jury trial, Salvador Lopez was convicted of aggravated stalking for violating a restraining order for the purpose of harassing and intimidating the victim by following her to her home and calling the police to stop her vehicle. He appeals, challenging the admission of testimony from the victim concerning prior acts of violence and the effectiveness of his trial counsel. However, Lopez did not object to the victim’s testimony and thus waived that issue, and he has not shown that his trial counsel’s performance was deficient. Accordingly, we affirm.

At trial, the state presented evidence showing that Lopez and the victim began living together in 1989 and married in 1991. The victim testified about violence throughout their relationship, describing numerous incidents of Lopez beating her, kicking her, pulling her hair, cursing at her, and threatening to kill her with a knife and by strangulation. The couple separated, and after an incident in 2011 when Lopez returned to his estranged wife’s home and beat her, she obtained a protective order against him.

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