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PEOPLE v. COTTONE

No. S194107.

57 Cal.4th 269 (2013)

159 Cal. Rptr. 3d 385

303 P.3d 1163

THE PEOPLE, Plaintiff and Respondent, v. LEE VINCENT COTTONE, Defendant and Appellant.

Supreme Court of California.

July 22, 2013.

Attorney(s) appearing for the Case

Law Offices of William J. Kopeny and William J. Kopeny for Defendant and Appellant.

Edmund G. Brown, Jr., and Kamala D. Harris, Attorneys General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons and Julie L. Garland, Assistant Attorneys General, Steven T. Oetting,   Gil Gonzalez,   James H. Flaherty III and Meredith Strong, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J. —

Under Evidence Code section 1108,1 in the trial of sexual offense charges, evidence the defendant committed another sexual offense may be admissible to prove that the defendant has a propensity to engage in such conduct. This case raises two questions.

First, if the proffered conduct occurred before the defendant had reached...

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