California, United States of America
The following excerpt is from People v. Wolfenden, C055907 (Cal. App. 10/21/2008), C055907 (Cal. App. 2008):
Defendant does complain about the predicate point that his trial counsel asked him whether he had been in fights before, thus opening the door. But defendant had the right to take the stand and counsel may have known he was going to say he had never started a fight before, and sought to soften the blow by introducing the point on direct examination, which would be a rational tactical decision. Further, trial counsel may rationally have concluded the crimes were sufficiently similar that the uncharged crime would likely be admitted to show defendant's intent, that is, to negate the self defense claim. (See Evid. Code, 1101, subd. (b); People v. Hovarter (2008) 44 Cal.4th 983, 1002-1003 [least degree of similarity necessary to admit uncharged acts to show intent].)
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