Is a mere reference to a criminal record admissible at trial?

A "fleeting reference" to a criminal record is not "'so outrageous or inherently prejudicial that an admonition could not have cured it.'" (People v. Valdez (2004) 32 Cal.4th 73, 123.) Here, defense counsel rejected the trial court's offer for an admonition to the jury.

Brummitt claims that admission of the statement was both irrelevant and unduly prejudicial under California Evidence Code section 352. Only relevant evidence is admissible. (Evid. Code, 350.) Relevance is defined by statute as, "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.) "'We review the trial court's ruling on the admission of evidence for abuse of discretion.'" (People v. Homick (2012) 55 Cal.4th 816, 859.)

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