California, United States of America
The following excerpt is from People v. Cater, A146678 (Cal. App. 2019):
We briefly review the rules regarding the admissibility of lay witness reputation and opinion testimony. " 'A lay witness may offer opinion testimony if it is rationally based on the witness's perception and helpful to a clear understanding of the witness's testimony.' ([Citation]; see Evid. Code, 800.) 'By contrast, when a lay witness offers an opinion that goes beyond the facts the witness personally observed, it is held inadmissible.' [Citation.]" (People v. Jones (2017) 3 Cal.5th 583, 602.) At the same time, a lay witness may testify to an out-of-court statement if the statement is not offered to prove the truth of the matter stated. (Evid. Code, 1200.) A lay witness may also testify regarding "a person's general reputation with reference to his character or a trait of his character at a relevant time in the community in which he then resided or in a group with which he then habitually associated . . . ." (Evid. Code, 1324.) Finally, "[t]he court may, and upon objection shall, exclude testimony in the form of an opinion that is
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based in whole or in significant part on matter that is not a proper basis for such an opinion." (Evid. Code, 803.) On appeal, we review the trial court's ruling on the matter for abuse of discretion. (People v. Jones, supra, 3 Cal.5th at p. 602.)
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