What factors will the court consider in determining whether a convicted sex offender is a "specialist" in sexual assault?

Defendant committed the uncharged offenses in 2010 and 2011, close in time to the charged offenses, which were alleged to have occurred between 2014 and 2016. The temporal proximity of these acts is "a relevant factor for the court to consider in exercising its discretion." (People v. Cordova, supra, 62 Cal.4th at p. 133.) This "permitted the inference that defendant had a propensity to commit such [misconduct]." (Id. at p. 134.)

Further, while defendant focuses on the differences of his chosen victims, he ignores the similarity of his offenses. In both cases defendant orally copulated a person much younger than himself. While defendant's prior victim may have been postpubescent, she was still five to six years his junior and barely a teenager when defendant was an adult. This is indicative of predatory behavior regardless of whether his prior victim had started her period. " 'Many sex offenders are not "specialists", and commit a variety of offenses which differ in specific character.' " (People v. Soto (1998) 64 Cal.App.4th 966, 984.)