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

Evidence of other uncharged acts is admissible under Evidence Code 1101 to prove a relevant character trait. Evidence of specific acts may be admitted under Evidence Code section 1101, subdivision (b), where it is relevant to show the defendant's motive, intent, common scheme or plan, or identity. It is not admissible to show the defendant's propensity to commit crimes. (People v. Fuiava (2012) 53 Cal.4th 622, 695.)

Similarity of the past acts to those charged is an important consideration. The greatest degree of similarity is required where the past acts are admitted to prove identity. A lesser degree of similarity is required to show the actor's intent. (People v. Ewoldt (1994) 7 Cal.4th 380, 402-403.)

Under Evidence Code section 1103 specific instances of misconduct are admissible if they are relevant to show later conduct by the defendant in conformance with the established character trait. (People v. Fuiava, supra, 53 Cal.4th at p. 695.)