CC 852 Comparable To CC 1191
March 10th, 2014


People v. Johnson (2008) 164 Cal. App. 4th 731, 739, observed that CC 852 tracks the language of EC § 1109 in the same way that CC 1191 tracks the language of EC § 1108 regarding evidence of uncharged sex offenses. Therefore, because CC 1191 does not undermine the People’s burden of proving the charges against the defendant by proof beyond a reasonable doubt, the same rationale should apply in the context of CC 852. (Ibid.)

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