People v. Story

Opinion

CHIN, J.

When a defendant is accused of a “sexual offense,” Evidence Code section 1108 1 gives the trial court discretion to admit evidence of other sexual offenses the defendant committed. As relevant here, the statute defines sexual offense as a crime or attempted crime that “involve[s]” “[a]ny conduct proscribed by” various other penal provisions, including Penal Code section 261, which defines the crime of rape. (§ 1108, subd. (d)(1).) We granted review primarily to decide whether a defendant tried for first degree felony murder, with rape the underlying felony, is accused of a…