Is there any case law where a defendant has been found guilty of assault by reason of propensity evidence?

California, United States of America


The following excerpt is from People v. Solis, B236689 (Cal. App. 2013):

In any event, the prosecutor offered the testimony both as propensity evidence, and as evidence of intent, which is an essential element of section 288, subdivision (a). (See People v. Martinez, supra, 11 Cal.4th at p. 442.) Defendant has extensively argued that the evidence suggested an innocent intent to comfort an ill and anxious child. Thus, as respondent notes and as defendant's arguments regarding battery demonstrate, defendant's intent was an important issue. However, defendant makes no claim that the evidence was insufficiently probative of intent.

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