McLean was convicted of attempted sexual battery and lewd molestation of an 8-year-old boy and sentenced to 30 years in prison. The only direct evidence against him was the testimony of the child and the testimony of a social worker. However, using a 2001 state law, prosecutors also introduced testimony from a 27-year-old man who accused McLean of molesting him when he was a teen-ager and pre-teen. McLean argues that state law is unconstitutional on several grounds, including the guarantee of due process of law. The 2nd District Court of Appeal upheld his conviction but certified a question to the Supreme Court. That question is whether the law violates due process when a defendant's identity is not in question. In this appeal, McLean argues the law that allows evidence related to earlier unrelated instances of child molestation made his trial fundamentally unfair. The state argues the law is constitutional and provides for a trial judge to determine the relevance and prejudice on a case by case basis.