Improper Use of 1108 Evidence Vacates 105 Year Sentence

Most of our clients are outraged when told that Evidence Code § 1108 permits the introduction of evidence of uncharged sex offenses to show a propensity to commit sex offenses.  We try to reassure them that the judge will be extremely careful in allowing in such evidence so that there is no unfair prejudice and the evidence is not used for lowering the burden of proof on the charged offense. However, in the following case, the court definitely erred on admitting certain 1108 evidence.  Read about it by clicking on the following link.

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