California, United States of America
The following excerpt is from People v. Fulsom, E058152 (Cal. App. 2014):
Evidence of other crimes committed by a defendant is admissible under Evidence Code section 1101 when relevant to prove some fact, such as motive, opportunity, intent, or plan, other than the defendant's propensity or disposition to commit such acts. (Evid. Code, 1101, subd. (b).) "Under Evidence Code section 352, the probative value of the proffered evidence must not be substantially outweighed by the probability that its admission would create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. [Citations.]" (People v. Cole (2004) 33 Cal.4th 1158, 1195.) On appeal, we review the trial court's ruling for abuse of discretion. (Ibid.) Even assuming an abuse of discretion, the judgment will not be reversed unless it is reasonably probable that a result more favorable to defendant would have resulted absent the error. (Ibid.)
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