Is evidence that a defendant has committed crimes other than those charged admissible to show bad character or predisposition to criminality?

California, United States of America


The following excerpt is from The People v. Brinkman, F058292, No. BF122223A (Cal. App. 2010):

Evidence that a defendant has committed crimes other than those currently charged is not admissible to show bad character or predisposition to criminality. (Evid. Code, 1101, subd. (a).) However, such evidence may be admitted to prove some material fact at issue, such as motive, opportunity, intent, preparation, common plan or scheme, knowledge, identity, and/or absence of mistake or accident. (Evid. Code, 1101, subds. (a) & (b); People v. Ewoldt (1994) 7 Cal.4th 380, 393; People v. Gray (2005) 37 Cal.4th 168, 202.) The trial court's determination of admissibility under section 1101, subdivision (b) is reviewed for an abuse of discretion. (People v. Gray, supra, at p. 202.)

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