Is evidence of an uncharged crime admissible in a criminal case?

California, United States of America


The following excerpt is from People v. Borgerding, D071614 (Cal. App. 2018):

prove that the defendant is a person of bad character or has a criminal disposition; but evidence of uncharged crimes is admissible to prove, among other things, the identity of the perpetrator of the charged crimes, the existence of a common design or plan, or the intent with which the perpetrator acted in the commission of the charged crimes. (Evid. Code, 1101.) Evidence of uncharged crimes is admissible to prove identity, common design or plan, or intent only if the charged and uncharged crimes are sufficiently similar to support a rational inference of identity, common design or plan, or intent." " (People v. Rogers (2013) 57 Cal.4th 296, 325-326 (Rogers).)

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