What is the test for admissibility of evidence of an uncharged crime?

California, United States of America


The following excerpt is from People v. R.C. (In re R.C.), A154144 (Cal. App. 2019):

Generally, "evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion." (Evid. Code, 1101, subd. (a).) " '[B]ut evidence of uncharged crimes is admissible to prove, among other things, the identity of the perpetrator of the charged crimes, the existence of a common design or plan, or the intent with which the perpetrator acted in the commission of the charged crimes.' " (People v. Foster (2010) 50 Cal.4th 1301, 1328; accord, Evid. Code, 1101, subd. (b).)

"The conduct admitted under Evidence Code section 1101(b) need not have been prosecuted as a crime, nor is a conviction required. [Citations.] The conduct may also have occurred after the charged events, so long as the other requirements for admissibility are met. [Citation.] Specifically, the uncharged act must be relevant to prove a fact at issue (Evid. Code, 210), and its admission must not be unduly prejudicial, confusing, or time consuming (Evid. Code, 352)." (People v. Leon (2015) 61 Cal.4th 569, 597-598.)

We review evidentiary rulings for abuse of discretion. (People v. Foster, supra, 50 Cal.4th at p. 1328.) " 'Under the abuse of discretion standard, "a trial court's ruling

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