California, United States of America
The following excerpt is from People v. Brown, A140952 (Cal. App. 2016):
Although it was not formally invoked, it seems plain that the basis of the prosecution's opposition to the motion, and the trial court's ruling, was based on Evidence Code section 352, which permits a court to exclude evidence if "its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." Defendant treats the ruling as resting on this provision.5 So do we. That ruling can be overturned only if we conclude the trial court abused the considerable scope of discretion granted by the statute. (People v. Merriman (2014) 60 Cal.4th 1, 74; People v. Cox (2003) 30 Cal.4th 916, 955.) Defendant contends abuse is shown. We disagree.
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