Does section 1108 of the California Criminal Code, which prohibits the prosecution of certain criminal offences, violate any fundamental principle of due process?

^4. Montoya also argues that section 1108, as applied, violates the Fourteenth Amendment due process guarantee because it contravenes the essential presumption of innocence. "To show a violation of due process, a defendant must show that the statute, as applied, offended a principle of justice so rooted in the traditions and consciousness of the country that it is considered fundamental." (People v. Manning (2008) 165 Cal.App.4th 870, 877.) Section 1108 requires a trial court to engage in the weighing process under section 352 before admitting propensity evidence. The court did that here and did not abuse its discretion in allowing this evidence. On these facts, application of section 1108 did not violate any fundamental principle of due process.