Can a defendant introduce evidence of his bad acts to establish his identity in committing a crime?
California, United States of America
The following excerpt is from People v. Consuegra, D069705 (Cal. App. 2017):
7. Evidence Code section 1101, subdivision (b) permits the introduction of evidence of the defendant's bad acts for purposes of establishing the defendant's identity in committing a crime only when the " 'the uncharged misconduct and the charged offense . . . share common features that are sufficiently distinctive so as to support the inference that the same person committed both acts.' " (People v. Leon (2015) 61 Cal.4th 569, 598.)
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