What is the test for admissible evidence of criminal past in a criminal case?

California, United States of America


The following excerpt is from People v. Wilson, B250049 (Cal. App. 2015):

Generally, evidence of prior criminal acts is inadmissible to prove the defendant's conduct on a specific occasion. (See Evid. Code, 1101, subd. (a); see also People v. Cole (2004) 33 Cal.4th 1158, 1194 (Cole).) However, such evidence, if relevant and not inadmissible under Evidence Code section 352, may be used to prove another fact at issue, such as motive or intent. (Evid. Code, 1101, subd. (b); Cole, supra, 33 Cal.4th at p. 1194.) "To be admissible to show intent, 'the prior conduct and the charged offense need only be sufficiently similar to support the inference that defendant probably harbored the same intent in each instance.' [Citations.]" (Ibid.)

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