What are the factors used to determine whether a defendant had the requisite intent to commit a motor vehicle theft?

California, United States of America


The following excerpt is from People v. Huntsinger, E070886 (Cal. App. 2020):

As for the first two factors, the evidence concerning the prior offenses was probative on the issue of whether defendant had the requisite intent, and the sources of the evidence are independent of the information about the two uncharged prior offenses. (See People v. Sullivan, supra, 151 Cal.App.4th at p. 559 [holding evidence of defendant's other uncharged offenses was not unduly prejudicial under Evidence Code section 352 because it was not inflammatory and was "quite probative" of his intent].) As for fourth factor, the record shows defendant's uncharged prior vehicle theft offenses were not more inflammatory than his charged offenses because, as outlined above, they were sufficiently similar in that all of them were routine vehicle burglaries in the Lake

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