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PEOPLE v. GARCIA

No. B270574.

16 Cal.App.5th 979 (2017)

THE PEOPLE, Plaintiff and Respondent, v. DANNY MICHAEL GARCIA, Defendant and Appellant.

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

November 6, 2017.

Attorney(s) appearing for the Case

Emily Lowther Brough, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle, Tannaz Kouhpainezhad and John Yang, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

People v. Cruz (2016) 2 Cal.App.5th 1178 [206 Cal.Rptr.3d 835] (Cruz) held that former CALJIC No. 2.50.01 — which permits a juror to draw an inference of a defendant's disposition to commit a sex offense based on proof of a charged crime by a preponderance of the evidence...

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