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PEOPLE v. VAN WINKLE

No. F030661.

89 Cal.Rptr.2d 28 (1999)

75 Cal.App.4th 133

The PEOPLE, Plaintiff and Respondent, v. Jeffrey Lowell VAN WINKLE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Review Denied December 15, 1999.

Attorney(s) appearing for the Case

Matthew H. Wilson, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Stan Cross and Patrick J. Whalen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, Acting P.J.

A jury convicted defendant Jeffrey Lowell Van Winkle of two counts of lewd and lascivious conduct with a child. On appeal, defendant contends that CALJIC Nos. 2.50.1 and 2.50.01 unconstitutionally lower the People's burden of proving the current sexual offense beyond a reasonable doubt by permitting prior sexual offenses (proved by a preponderance of the evidence) to show...

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