California, United States of America
The following excerpt is from People v. Humes, E057619 (Cal. App. 2015):
To be sure, the prior robbery and charged crimes shared some general similarities: each involved convenience stores located on street corners in Rialto; both crimes occurred on a Friday night around 11:30 p.m.; both involved getaway vehicles and three perpetrators; prior to each crime, two or three people were observed standing outside the stores; and the defendant used an alibi defense in both crimes. (People v. Rivera, supra, 41 Cal.3d at pp. 392-393.) But as the court explained, the dissimilarities between the prior robbery and the charged crimes were significant: for example, the prior robbery was an armed robbery, but the charged offense was a "'snatch' burglary plus a stabbing" and no guns were used; money was taken in the robbery, but only beer was taken in the burglary. (Id. at p. 393.) In holding it was error to admit the evidence of the prior robbery, the court pointed out that convenience stores are often on street corners and are
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