What is the test for a claim that improper admission of propensity evidence violated due process?

California, United States of America


The following excerpt is from The People v. Wright, B220314, Los Angeles County Super. Ct. No. BA284322, Los Angeles County Super. Ct. No. BA344094, Los Angeles County Super. Ct. No. c/w BA305250 (Cal. App. 2010):

Appellant does not claim that he objected to propensity evidence on constitutional grounds, and has thus not shown that he preserved these issues for appeal. (See People v. Burgener (2003) 29 Cal.4th 833, 869 [claim that improper admission of evidence violated due process waived by failure to raise in trial court].) In any event, appellant's contentions are without merit.

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