Scott

Introduction

Evidence Code section 1101 forbids the use of evidence of uncharged criminal offenses to besmirch a defendant’s character to prove his conduct on the occasions charged. In the published portion of this opinion, we hold that the validity of Evidence Code section 1101 is unimpaired by article I, section 28, subdivision (d), of the California Constitution (hereafter section 28(d)) because it was subsequently reenacted and made enforceable by a two-thirds vote of the Legislature.

In the unpublished portion of this opinion we decide that an error in admitting evidence of uncharged offenses in violation of Evidence Code section 1101 was prejudicial. Essentially, the only admissible evidence supporting the five charged offenses of sexual molestation of a child (Pen. Code, § 288, subd. (b)) was the testimony of the prosecutrix who was significantly impeached by defense evidence. Evidence of uncharged sexual offenses upon the prosecutrix and two other children was admitted for the purpose of shoring up the credibility of the prosecutrix and other witnesses in violation of section 1101. The error was exacerbated by an erroneous instruction which told the jury that it…