Is evidence of an uncharged crime admissible to prove identity, common design or plan, or intent?
California, United States of America
The following excerpt is from People v. Hernandez, D065946 (Cal. App. 2014):
"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. Carter (2005) 36 Cal.4th 1114, 1147.) Admissibility depends on the materiality to the current offense of the fact sought to be proved, the tendency of the uncharged act to prove the
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