P. v. Anderson CA1/1
Defendant sexually assaulted 14-year-old N.G. During the trial, the court admitted evidence of prior acts of sexual abuse pursuant to Evidence Code section 1108. Defendant contends the trial court violated his due process rights by instructing the jury under CALCRIM former No. 1191 (hereafter CALCRIM No. 1191) that it could use the uncharged prior sex crimes, if proved by a preponderance of the evidence, to show criminal propensity in establishing guilt of the charged sex crime. Rather, he argues the uncharged sex crimes must be proved beyond a reasonable doubt because they are a link in the direct chain of proof of defendant’s guilt. Having considered defendant’s contention, we affirm because the instruction did not dilute the prosecution’s burden of proof with respect to the charged sex crime.
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