Is evidence of crimes committed by a defendant other than those charged admissible to prove criminal disposition or poor character?
California, United States of America
The following excerpt is from People v. Lenart, 12 Cal.Rptr.3d 592, 32 Cal.4th 1107, 88 P.3d 498 (Cal. 2004):
Evidence of crimes committed by a defendant other than those charged is inadmissible to prove criminal disposition or a poor character. "[B]ut 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
[12 Cal.Rptr.3d 604]
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. [Citation.] On appeal, the trial court's determination of this issue, being essentially a determination of relevance, is reviewed for abuse of discretion." (People v. Kipp (1998) 18 Cal.4th 349, 369, 75 Cal.Rptr.2d 716, 956 P.2d 1169.)[12 Cal.Rptr.3d 604]
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