How much similarity between an uncharged crime and a charged crime is required to prove identity?

California, United States of America


The following excerpt is from People v. Rith, E058922 (Cal. App. 2014):

The highest degree of similarity between charged and uncharged crimes is required to establish the uncharged crime's relevancy to prove identity. (People v. Ewoldt, supra, 7 Cal.4th at p. 403.) "For identity to be established, the uncharged misconduct and the charged offense must share common features that are sufficiently distinctive so as to support the inference that the same person committed both acts. [Citation.] 'The pattern and characteristics of the crimes must be so unusual and distinctive as to be like a signature.' [Citation.]" (Ibid.) A lesser degree of similarity is required to show intent than identity or common plan, because the recurrence of similar conduct tends to negate the possibility that it occurred by accident or inadvertence. (Id. at p. 402.)

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