Orellano

We conclude, consistent with Vichroy and contrary to Van Winkle, Regalado, and O'Neal , that in the specific context of prior sex crimes admitted under Evidence Code section 1108 to prove the defendant's disposition to commit sex crimes, these instructions are prejudicially erroneous, even in light of other standard instructions on reasonable doubt. 1 Accordingly, we must reverse appellant's convictions.

The charged crimes .

On September 22, 1998, the victim, Jhanice D., then 13, and her friend Shentora B. were on their way to a friend's home in Santa Monica. Jhanice, wearing shorts, was on a skateboard, and Shentora was walking beside her. Appellant came up behind them and rubbed his palm on Jhanice's inner thigh, just under her buttocks with his fingers near her private parts. Jhanice stopped immediately and told Shentora, "He just touched me." Appellant then stepped forward and faced the girls. He said "`Come here,'" and gestured toward himself with a beckoning wiggle of his fingers. Appellant then placed his hands in his pockets and looked down toward his private parts. The girls saw a male friend and asked him to accompany them away. A short while later the girls saw…