People v. Villatoro
Annotate this CaseAfter a jury trial, Defendant was convicted of various counts of kidnapping, robbery, and rape against five women. During the trial, the trial court modified pattern jury instruction CALCRIM No. 1191, which explains to a jury that it may consider a defendant's uncharged sexual offense as evidence of his or her propensity to commit a charged sexual offense, to permit to the jury to consider the defendant's charged sexual offenses as evidence of his propensity to commit the other charged sexual offenses. On appeal, Defendant challenged a modified pattern jury instruction based on People v. Quintanilla, which held that charged offenses could not be considered as propensity evidence under a similar provision and its corresponding jury instruction. The court of appeal rejected Defendant's challenges to the modified instruction. The Supreme Court affirmed, holding that under the facts of this case, the trial court did not err in giving the modified instruction.
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