California, United States of America
The following excerpt is from People v. Pendergrass, A152086 (Cal. App. 2018):
Appellant's principal alleged evidentiary error is admission of the testimony regarding the 2015 Virginia drunk driving. Evidence Code section 1101, subdivision (a) "prohibits admission of evidence of a person's character, including evidence of character in the form of specific instances of uncharged misconduct, to prove the conduct of that person on a specified occasion. Subdivision (b) of section 1101 clarifies, however, that this rule does not prohibit admission of evidence of uncharged misconduct when such evidence is relevant to establish some fact other than the person's character or disposition." (People v. Ewoldt (1994) 7 Cal.4th 380, 393.) In particular, evidence of uncharged misconduct may be admitted when relevant to prove facts such as "motive, opportunity, intent, preparation, plan, knowledge, identity, [or] absence of mistake or accident." (Evid. Code, 1101, subd. (b).) We review the trial court's ruling admitting the testimony for abuse of discretion. (People v. Lewis (2001) 25 Cal.4th 610, 637.)
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