Is it error to admit evidence that other weapons were found in the possession of a defendant's possession?

California, United States of America


The following excerpt is from People v. Evans, B261899 (Cal. App. 2018):

Generally, "[w]hen the prosecution relies on evidence regarding a specific type of weapon, it is error to admit evidence that other weapons were found in the defendant's possession, for such evidence tends to show not that he committed the crime, but only that he is the sort of person who carries deadly weapons. [Citations.]" (People v. Barnwell (2007) 41 Cal.4th 1038, 1056.) In other words, "[e]vidence of possession of a weapon not used in the crime charged against a defendant leads logically only to an inference that defendant is the kind of person who surrounds himself with deadly weaponsa fact of no relevant consequence to determination of the guilt or innocence of the defendant. [Citations.]" (People v. Henderson (1976) 58 Cal.App.3d 349, 360.)

However, evidence that the defendant possessed a weapon

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