People v. Villatoro

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 of his propensity to commit the other charged sexual offenses. (See People v. Wilson (2008) 166 Cal.App.4th 1034, 1052 [83 Cal.Rptr.3d 326] (Wilson).) The jury subsequently convicted defendant…