People v. Villatoro

CORRIGAN, J., Concurring and Dissenting.

I respectfully dissent from the majority’s analysis. The majority concludes Evidence Code section 11081 permits the jury to draw a propensity inference from evidence that the defendant committed multiple charged crimes. In my view, such an instruction contradicts long-standing precedent, expands multiple sections of the Evidence Code in ways not contemplated by the Legislature, and sows the seeds for confusion and unintended consequences. Because the error in this case was clearly harmless, however, I concur in the result.

Section 1108 governs the…