Is Statement Two of the Defendant's Statement Two an abuse of evidence?

California, United States of America


The following excerpt is from People v. Garcia, B262262 (Cal. App. 2016):

As for Statement Two, its admission into evidence was not an abuse of discretion either. Statement Two in no way suggests that defendant had suffered a prior conviction. It is merely a claim by defendant that he was familiar with wrongdoing engaged in by others, or as he more colorfully put it, he "knew a lot of shit about the streets." That is not evidence the admission of which would pose "an intolerable risk to the fairness of the proceedings or the reliability of the outcome" (People v. Booker (2011) 51 Cal.4th 141, 188) because it would evoke an emotional bias or be misused by the jury to prejudge defendant on the basis of extraneous factors. (People v. Johnson (2010) 185 Cal.App.4th 520, 534.)

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