For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108?
California, United States of America
The following excerpt is from People v. Tibbitts, A130868 (Cal. App. 2012):
For the same reason, we find no constitutional error in the trial court's decision to give the jury CALCRIM No. 1191, which instructs the jury with regard to its use of evidence admitted under section 1108. (People v. Reliford (2003) 29 Cal.4th 1007, 1016.)
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