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PEOPLE v. VILLATORO

No. S192531.

54 Cal.4th 1152 (2012)

144 Cal. Rptr. 3d 401

281 P.3d 390

THE PEOPLE, Plaintiff and Respondent, v. JUAN JOSE VILLATORO, Defendant and Appellant.

Supreme Court of California.

July 30, 2012.

Attorney(s) appearing for the Case

Edward J. Haggerty , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka and Lance E. Winters , Assistant Attorneys General, Lawrence M. Daniels , Chung L. Mar and William H. Shin , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J. —

Pursuant to Evidence Code1 section 1108, pattern jury instruction CALCRIM No. 1191 explains to a jury that it may consider a defendant's uncharged sexual offense as evidence of his or her propensity to commit a charged sexual offense. Relying on a recent case, the trial court here modified CALCRIM No. 1191 to permit the jury to consider the defendant's charged sexual offenses as evidence...

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