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Name: People v. Williams
Case #: A116295
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/22/2008

Evidence Code section 1109, subdivision (a)(2) is not unconstitutional. Williams was convicted of several assaults on a 71-year-old man. At trial, over his objection, the prosecution presented evidence of two prior attacks on older men. On appeal, Williams challenged the constitutionality of Evidence Code section 1109, subdivision (a)(2), which sanctioned the admission of the prior bad acts. The appellate court rejected the argument, finding that the prior acts were very similar and tended to show a propensity to commit such acts. The evidence was relevant and was no more inflammatory than the charged acts. Section 1109, subdivision (a)(2) contains the same procedural safeguards present in subdivision (a)(1), which has been upheld. There was no due process violation.