California, United States of America
The following excerpt is from People v. Sandoval, H034186 (Cal. App. 2011):
Here, defense counsel was not deficient for failing to object to the admission of the 10 predicate offenses. The predicate offenses at issue here were not unduly prejudicial, because none of them involved defendant, and each was described in a basic, superficial way. The evidence was not more inflammatory than the testimony about defendant's and Herrera's conduct during the shooting incident in this case. In addition, the testimony regarding the predicate offenses did not "necessitate undue consumption of time." (Evid. Code, 352.) The testimony necessitated 41 pages of trial transcript that has a total of 2,398 pages. (Compare People v. Williams, supra, 170 Cal.App.4th at pp. 610-611.) Had defense counsel objected on the ground of Evidence Code section 352, the court would have acted well within its discretion in overruling the objection.
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