P. v. Gardner CA3
Defendant Michael Owen Gardner appeals from his convictions of continuous sexual abuse, oral copulation of a child, and child molestation. He asserts the following: (1) the trial court improperly admitted evidence of prior uncharged sex offenses under Evidence Code sections 1108 and 1101; (2) trial counsel rendered ineffective assistance when he solicited incriminating information from the victim and did not object when the victim on redirect testified to an undisclosed incident; (3) the trial court abused its discretion when it admitted evidence of peepholes in a bathroom door for the limited purpose of witness credibility; and (4) CALCRIM No. 1191, an instruction on the use of sexual propensity evidence, violates due process guarantees.
We disagree with defendant’s contentions and affirm the judgment.
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