California Court of Appeal

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

• Published 2016/08/31

Judges

• SMITH

Court

• California Court of Appeal

Counsel