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Name: People v. Branch
Case #: A089941
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/02/2001
Subsequent History: None

In a prosecution for child molestation of appellant’s step-granddaughter, it was not error for the trial court to have admitted testimony of appellant’s stepdaughter who claimed that appellant had molested her when she was a child more than 30 years prior to the instant offense. The evidence of the uncharged acts was admissible under Evidence Code sections 1101, subdivision (b), and 1108 unless it should have been excluded under section 352. Here, the evidence of the prior acts was not unduly inflammatory, and there was no evidence that the jury had been confused by the introduction of uncharged offenses or wished to convict based upon them rather than the charged offenses. Although the remoteness of the uncharged acts was a factor, it was outweighed by the substantial similarities between the uncharged and current offenses. The probative value of the uncharged offenses outweighed any prejudice which might have been caused.