California, United States of America
The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):
The evidence of defendant's participation in the Sun Valley crime also tends to prove these material facts. "For identity to be established, the uncharged misconduct and the charged offense must share common features that are sufficiently distinctive so as to support the inference that the same person committed both acts. [Citation.] `The pattern and characteristics of the crimes must be so unusual and distinctive as to be like a signature.'" (People v. Ewoldt, supra, 7 Cal.4th at p. 403, 27 Cal.Rptr.2d 646, 867 P.2d 757.) Requiring a "highly unusual and distinctive nature [for] both the charged and
[27 Cal.Rptr.3d 408]
uncharged offenses virtually eliminates the possibility that anyone other than the defendant committed the charged offense." (People v. Balcom (1994) 7 Cal.4th 414, 425, 27 Cal.Rptr.2d 666, 867 P.2d 777.)[27 Cal.Rptr.3d 408]
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