Can evidence of an uncharged offense be used to prove criminal disposition?

California, United States of America


The following excerpt is from People v. Kelly, G046870 (Cal. App. 2013):

Evidence of an uncharged offense is generally inadmissible to prove criminal disposition. (Evid. Code, 1101, subd. (a); People v. Kipp (1998) 18 Cal.4th 349, 369.) Evidence Code section 1101, subdivision (b), however, allows the trial court to admit "evidence that a person committed a crime . . . or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act or attempted unlawful sexual act did not reasonably and in good faith believe that the victim consented) other than his or her disposition to commit such an act."

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