People v. Falsetta

Opinion

CHIN, J.

In this case we resolve a due process challenge to legislation (Evid. Code, § 1108)1 permitting the admission, in a sex offense case, of the defendant’s other sex crimes for the purpose of showing a propensity to commit such crimes. Although this provision represents a deviation from the historical practice of excluding such “propensity” evidence (see § 1101, subd. (a)), the provision preserves trial court discretion to exclude the evidence if its prejudicial effect outweighs its probative value (§ 352). We conclude, consistent with prior state and federal case law, that…