After explicitly exercising EC 352 discretion in admitting uncharged sex offenses as propensity evidence (EC 1108), the trial court need not engage in a second EC 352 analysis before instructing jury that charged offenses can be considered for same purpose. Additionally, the court of appeal held that there was no equal protection violation where the legislature had rational recidivism and conduct bases for rendering defendant sentenced under “One Strike” law (PC 667.61) to be statutorily ineligible for youthful offender parole (PC 3051(h)) while leaving those convicted solely of PC 288.7 eligible. Finally, the court of appeal found appellant’s 8th Amendment challenge to de facto LWOP sentence for youthful offender forfeited and also meritless.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/D082304.PDF