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PEOPLE v. McFARLAND

No. B128007.

92 Cal.Rptr.2d 884 (2000)

78 Cal.App.4th 489

The PEOPLE, Plaintiff and Respondent, v. Dennis McFARLAND, Defendant and Appellant.

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

February 23, 2000.

Attorney(s) appearing for the Case

Ralph H. Goldsen, Goleta, 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, Linda C. Johnson, Supervising Deputy Attorney General, David A. Wildman, Deputy Attorney General, for Plaintiff and Respondent.

COFFEE, J.

Here we conclude that Evidence Code section 11081 does not allow a psychiatrist called as an expert witness to render an opinion about the accused's sexual proclivities during the prosecution's case-in-chief. Section 1108 permits the prosecution to prove a defendant's sexual propensity through evidence of specific instances of conduct. It does not alter section 1102's rule that...

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