Supreme Court of California

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People v. Villatoro, S192531

In a conviction of defendant for various crimes, including rape against multiple victims, trial court's modified instruction of CALCRIM No. 1191 to permit the jury to consider the defendant's charged sexual offenses (as opposed to uncharged sexual offenses) as evidence of his propensity to commit the other charged sexual offenses is affirmed, where the modified version did not impermissibly lower the standard of proof or otherwise interfere with defendant's presumption of innocence, and the trial court implicitly conducted a section 352 analysis.

Appellate Information

  • Decided 07/30/2012
  • Published 07/30/2012


  • Chin


  • Supreme Court of California