In what circumstances will a jury not be able to distinguish the facts of a prior incident from the one giving rise to the present charges?

California, United States of America

The following excerpt is from People v. Zuniga, E066918 (Cal. App. 2018):

Further, there was no reasonable probability that the jury might confuse the two incidents. (People v. Rucker, supra, 126 Cal.App.4th at p. 1119.) The evidence of the prior incident was straightforward, and there is no indication in the record that the jury might have been confused by it. The trial court instructed the jury with CALCRIM No. 852, explicitly distinguishing the January 18, 2014, incident from the one giving rise to the present charges, as well as explaining the permissible uses of the evidence. In the

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