Can evidence of an uncharged crime be admitted?

California, United States of America


The following excerpt is from People v. Dalton, D069278 (Cal. App. 2016):

In addition, irrespective of Evidence Code section 1108, evidence of other uncharged acts may be admitted if such evidence tends to be relevant on an issue other than to establish defendant's propensity or disposition to commit the charged offenses. (Evid. Code, 1101, subd. (b); People v. Balcom (1994) 7 Cal.4th 414, 424 [uncharged offenses can show "manifestations of a common design" or plan that defendant employed or developed in committing the charged offenses].) Evidence Code section 1101, subdivision (b) provides examples of potentially relevant nondispositional facts, including intent, plan, or absence of mistake.

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