What is the test for admissible conduct under section 1101, subdivision (b) of the Criminal Code?

California, United States of America


The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):

Perhaps more fundamentally, to be admissible under section 1101, subdivision (b), as the lead opinion appears to recognize, the prior uncharged acts and the current charged offense need to be similar and that similarity itself must then be relevant to establish some fact other than the defendant's character or disposition. (People v. Ewoldt, supra, 7 Cal.4th at p. 393; see People v. Kipp, supra, 18 Cal.4th at p. 369.) Similarity, in turn, must be based on evidence of the common features between the uncharged and charged

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