P. v. Markell
Filed 5/24/06 P. v. Markell CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. BRYCE JONATHAN MARKELL, Defendant and Appellant. | G035027 (Super. Ct. No. 03WF3064) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County,
M. Marc Kelly, Judge. Affirmed.
Mark Alan Hart, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and Warren Robinson, Deputy Attorneys General, for Plaintiff and Respondent.
During appellant's trial for committing a lewd act on a child, the trial court admitted evidence he had committed three prior sex offenses. Although a jury is permitted to infer the accused has a disposition for sexual misconduct based upon his commission of other sex crimes, appellant contends his prior sex offenses were unduly prejudicial because they were not sufficiently similar to the charged offense. We disagree and affirm the judgment.
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In 2003, appellant attended a Thanksgiving dinner hosted by the parents of his brother's friend, Ilene. After eating, Ilene's two children, five-year-old Elyse and three-year-old Danny went to play in a bedroom. Ilene was looking after them at first, but then appellant came by and offered to watch them so she could go and eat. Ilene accepted the offer and left appellant to tend to her children.
While they were playing, Elyse dabbed appellant's forehead with chalk, and appellant responded by giving her a â€
