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Name: People v. Hill
Case #: A088560
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/09/2001
Subsequent History: Review denied 4/11/01

In a prosecution for lewd conduct with a child, the trial court admitted evidence of appellant’s prior sex offenses as evidence of motive and intent, pursuant to Evidence Code section 1108. The jury was instructed, pursuant to the 1999 revised version of CALJIC 2.50.01, as well as CALJIC 2.50, 2.50.2, and 2.90. The appellate court here found no error. The language in the 1999 revision specifically advises the jury that even if it finds the defendant committed prior sex offenses, and makes an inference that he had the disposition to commit similar crimes, that inference alone is insufficient to convict. Further, the other instructions given further ensured that the jury would understand the burden of proof. Therefore, there was no reasonable likelihood that the jury concluded it could convict appellant of the current offense solely because it found he committed the prior offenses.