Is a trial court obligated to instruct the jury as to the admissibility or use of other crimes evidence?

California, United States of America


The following excerpt is from People v. Bugai, A146345 (Cal. App. 2017):

" '[T]he trial court ordinarily has no sua sponte duty to instruct the jury as to the admissibility or use of other crimes evidence.' [Citations.] This principle is consistent with section 355, which provides that the trial court, 'upon request,' shall instruct the jury about evidence admitted for a limited purpose." (People v. Cottone (2013) 57 Cal.4th 269, 293.) In this case, appellant's trial counsel did not request a limiting instruction regarding the Borrero testimony, either when that testimony was first presented or as part of the formal instructions read to the jury at the end of the presentation of evidence. Thus, the failure to give such an instruction is not error.

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