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PEOPLE v. FALSETTA

No. S071521.

89 Cal.Rptr.2d 847 (1999)

21 Cal.4th 903

986 P.2d 182

The PEOPLE, Plaintiff and Respondent, v. Charles Anthony FALSETTA, Defendant and Appellant.

Supreme Court of California.

Certiorari Denied April 24, 2000.

Attorney(s) appearing for the Case

Martin Nebrida Buchanan, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Ronald A. Bass, Assistant Attorney General, Ronald S. Matthias, Richard Rochman and Linda M. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.

Certiorari Denied April 24, 2000. See 120 S.Ct. 1723.

CHIN, J.

In this case we resolve a due process challenge to legislation (Evid.Code, § 1108)1 permitting the admission, in a sex offense case, of the defendant's other sex crimes for the purpose of showing a propensity to commit such crimes. Although this provision represents a deviation from the historical practice of excluding such "propensity" evidence (see § 1101...

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