California Court of Appeal

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People v. Cruz, 069940

Sentence and conviction of three counts of committing a lewd act against a child under age 14, Pen. Code section 288(a), are reversed where: 1) the jury was given an erroneous instruction on the use of Evidence Code section 1108 evidence to show a propensity to commit sex offenses; and 2) the instruction had the effect of reducing the prosecution's burden of proving guilt beyond a reasonable doubt.

Appellate Information

  • Decided
  • Published 2016/08/31




  • California Court of Appeal


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