In People v. Jandres (2014) 226 Cal.App.4th 340, the charges against the defendant included forcible rape and kidnapping to commit rape of an 18-year-old girl. Over the defendant's objection, the trial court admitted, as a sexual offense under section 1108, evidence of a prior kidnapping of an 11-year-old girl during which the defendant put his finger inside the girl's mouth and picked her up and attempted to carry her outside of the house. (Id. at pp. 344-347, 349.) The court of appeal found that, while it was not error for the trial court to conclude the prior misconduct evidence constituted a sexual offense, it was error to admit such evidence under Evidence Code section 352. Noting that there were "many differences between the charged offense and the prior offense--including the circumstances (daytime attempted burglary in one case, possible stalking and attack at night in the other); the ages of the victims (11 and 18); and the nature of the conduct (inappropriate touching of the mouth in one case, rape in the other)," the appellate court concluded evidence of the defendant's exhibited sexual interest in an 11-year-old girl by putting his finger in her mouth did not rationally support an inference that the defendant was predisposed to rape an 18-year-old woman. Thus, "the prejudicial effect of the prior misconduct exceeded its comparatively low probative value." (Id. at pp. 354-357.)