People v. Garcia

*982People 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-unconstitutionally lowers the prosecution's burden of proof and results in structural error requiring reversal. We disagree with the reasoning in Cruz . We hold that the former CALJIC No. 2.50.02, a similarly worded pattern instruction on the use of charged acts of domestic violence to prove a disposition to commit domestic…