Diaz

Certified for Partial Publication. [*]

During the jury trial of Steven Robert Diaz, who is mentally retarded, the trial court admitted evidence that he sexually assaulted a young woman 12 years earlier. That same year he had been adjudged incompetent to stand trial and was committed to a state mental hospital. Defendant raises the now familiar litany of constitutional challenges to the admissibility of uncharged prior sexual offenses. (Evid. Code, § 1108.) We have previously resolved the constitutional issues against him. ( People v. Fitch (1997) 55 Cal. App.4th 172 , 63 Cal.Rptr.2d 753 .) Because the Legislature has enunciated a strong public policy favoring admission of prior sexual offenses, we conclude the trial court did not abuse its discretion by admitting the evidence. The Attorney General concedes the convictions for kidnapping and false imprisonment must be reversed because they are necessarily included within the greater offense of aggravated kidnapping. We reject defendant's remaining claims of error including his claim, discussed in the published portion of this opinion, that the "three strikes" law and the "one strike" provisions of Penal Code section…