What is the effect of section 352 of the California Criminal Code on a defendant's argument that he was deprived of his constitutional right to a fair trial?

California, United States of America


The following excerpt is from People v. Guzman, C081911 (Cal. App. 2018):

Having concluded the evidence was admissible under section 352, "we must also reject defendant's argument that he was deprived of his constitutional right to a fair trial. ' "The admission of relevant evidence will not offend due process unless the evidence is so prejudicial as to render the defendant's trial fundamentally unfair." ' [Citations.]" (People v. Holford, supra, 203 Cal.App.4th at p. 180.) As in People v. Branch, supra, 91 Cal.App.4th 274, "it is unlikely that the jury would have been so prejudiced against [defendant] as a consequence of [the uncharged offenses] that he was denied a fair trial." (Id. at pp. 283-284.)

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