California, United States of America
The following excerpt is from People v. Rivera, F066130 (Cal. App. 2015):
"Under the Evidence Code, the truth of the prior uncharged act and defendant's connection to it are preliminary factual issues which must be decided before the prior misconduct can be deemed admissible; if the prior and defendant's connection to it are not established by a preponderance of the evidence, the prior is irrelevant to prove the ... section 1101[, subdivision ](b) fact for which it is being offered. [Citations.]" (People v. Garelick, supra, 161 Cal.App.4th at p. 1115.) Thus, the trial court did not err by telling
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