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.)
Page 29
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.