Can a jury consider evidence of uncharged sexual crimes committed by a defendant as evidence of sexual misconduct?

Evidence of the uncharged sexual offenses was admitted pursuant to Evidence Code section 1108. "Subject to Evidence Code section 352, Evidence Code section 1108 permits a jury to consider prior incidents of sexual misconduct for the purpose of showing a defendant's propensity to commit offenses of the same type and essentially permits such evidence to be used in determining whether the defendant is guilty of a current sexual offense charge. [Citation.]" (People v. Dejourney (2011) 192 Cal.App.4th 1091, 1103, fn. omitted.) Appellant argues, "Section 1108 must be struck down as a violation of due process because the inference that the commission of one or more listed sexual offenses gives rise to a propensity to commit a separate and distinct charged sexual offense violates the due process requirement that permissible inferences 'be based on a rational connection between the fact proved and the fact to be inferred.' [Citations.]"

Our Supreme Court upheld Evidence Code section 1108 against a similar due process challenge in People v. Falsetta, supra, 21 Cal.4th at p. 922. The court concluded: "[T]he case law

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