Is a jury allowed to consider uncharged acts for the purpose of establishing identity, intent, motive, and common design or plan?
California, United States of America
The following excerpt is from People v. Abrahamian, 258 Cal.Rptr.3d 670, 45 Cal.App.5th 314 (Cal. App. 2020):
The trial court instructed the jury that it may consider the uncharged acts for the purpose of establishing identity, intent, motive, absence of mistake or accident, and common design or plan. The instruction is " presumed correct, and it is the appellants burden to affirmatively demonstrate error. [Citation.]" ( People v. Sullivan (2007) 151 Cal.App.4th 524, 549, 59 Cal.Rptr.3d 876.)
[258 Cal.Rptr.3d 680]
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