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PEOPLE v. ORELLANO

No. B131860.

93 Cal.Rptr.2d 866 (2000)

79 Cal.App.4th 179

The PEOPLE, Plaintiff and Respondent, v. Jose ORELLANO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

Review Denied June 14, 2000.

Attorney(s) appearing for the Case

Kyle Marie Wesendorf, Solana Beach, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Jaime L. Fuster and Martin L. Pitha, Deputy Attorneys General, for Plaintiff and Respondent.

CHARLES S. VOGEL, P.J.

INTRODUCTION

We address a recurring issue not yet resolved by our Supreme Court. In a prosecution for sex offenses, evidence of prior sex offenses was admitted pursuant to Evidence Code section 1108. The jurors were instructed under CALJIC Nos. 2.50.01 (before its revision in 1999), 2.50.1, and 2.50.2 that if they found, by a preponderance of evidence, that the defendant committed the prior crimes, they may infer he had a disposition...

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