What is the test for abuse of evidentiary discretion in a motion where a defendant argued against the admission of the priors below on the grounds of remoteness?

California, United States of America


The following excerpt is from The People v. Meriwether, C061464, No. 62-84871 (Cal. App. 2010):

We review the trial court's evidentiary rulings for abuse of discretion, and will not disturb the court's exercise of discretion except on a showing that it was arbitrary, capricious, or patently absurd, resulting in a manifest miscarriage of justice. (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.) Defendant cannot make that showing.

To begin with, because defendant argued against the admission of the priors below only on the ground of remoteness, any other objection is forfeited. (Evid. Code, 353, subd. (a); People v. Geier (2007) 41 Cal.4th 555, 609-610.) In any event, none of defendant's arguments have merit.

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