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Name: People v. Johnson
Case #: C052747
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/03/2008

CALCRIM No. 852 does not violate due process. Appellant contended on appeal that CALCRIM No. 852 suffered from the same fundamental flaw as CALJIC instructions used in the past in that it permitted the jury to infer guilt based on propensity. The appellate court rejected the argument based on the rationale in People v. Reliford (2003) 29 Cal.4th 1007.