How has the court treated the issue of identity as a separate crime?

California, United States of America


The following excerpt is from People v. Virgil, S047867 (Cal. 2011):

11. We note that, in order to prove identity by reliance on other crimes, the similarities between the charged and uncharged offenses must be so unusual and distinctive as to be like a signature. (People v. Ewoldt (1994) 7 Cal.4th 380, 403.) Defendant does not argue here that the offenses were insufficiently similar. Indeed, the defense had its own tactical reasons for permitting the admission of the uncharged crimes. Accordingly, we do not address this consideration further.

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