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PEOPLE v. MULLENS

No. D041452.

14 Cal.Rptr.3d 534 (2004)

119 Cal.App.4th 648

The PEOPLE, Plaintiff and Respondent, v. Patrick Robert MULLENS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

As Modified on Denial of Rehearing July 16, 2004.

Review Denied September 22, 2004.

Attorney(s) appearing for the Case

Joseph T. Tavano, San Diego, by appointment of the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Pamela A. Ratner Sobeck and David Delgado-Rucci, Deputy Attorneys General, for Plaintiff and Respondent.

NARES, Acting P.J.

In this case, we hold that in a sex offense prosecution in which the trial court has admitted Evidence Code1 section 1108 propensity evidence that the defendant has committed an uncharged sex offense, it is error to exclude admission of evidence that the defendant has been acquitted of that offense, and such error is reversible if it is prejudicial under the Watson...

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