P. v. McNatt
A jury convicted Phillip Wayne McNatt of oral copulation with a child under 18 years of age (Pen. Code, 288a, subd. (b)(1)) and annoying a child under the age of 18 ( 647.6, subd. (c)(2)). He argues his conviction must be reversed because (1) there was not substantial evidence to support the jurys finding that he was competent to stand trial ( 1367 et seq.); (2) the prosecutor committed misconduct during closing arguments during the competency phase of the trial; (3) the trial court erred in admitting propensity evidence pursuant to Evidence Code section 1108 during the guilt phase of the trial; (4) the jury instructions for the use of propensity evidence violated his constitutional right to due process; and (5) his aggravated sentence violated his Sixth Amendment right to a jury trial. Court reject each of these arguments and affirm the judgment.
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