Can evidence of an uncharged crime be admitted under the California Evidence Code?

California, United States of America


The following excerpt is from People v. Rose, B254912 (Cal. App. 2015):

Evidence of uncharged crimes can be admitted under Evidence Code section 1101, subdivision (b) to prove some fact other than a defendant's propensity to commit a charged crime. But for the evidence to be admitted, "there must be some degree of similarity between the charged crime and the other crime[.]" (People v. Jones (2011) 51 Cal.4th 346, 371.) The "degree of similarity depends on the purpose for which the evidence was presented. The least degree of similarity is needed when . . . the evidence is offered to prove intent. [Citation.]" (Ibid.) A trial court's decision to admit evidence of another crime to prove intent will not be disturbed on appeal unless the record discloses an abuse of discretion. (Ibid.)

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