What is the test for admissible evidence of other criminal acts or misconduct of a defendant?

California, United States of America


The following excerpt is from People v. King, H036859 (Cal. App. 2013):

"Although evidence of other criminal acts or misconduct of a defendant is inadmissible to prove the accused had the propensity or disposition to commit the crime charged [citations], it is ordinarily admissible where it tends to show motive, knowledge, identity, intent, opportunity, preparation, plan, or absence of mistake or accident. [Citations.] Evidence admissible under subdivision (b) of Evidence Code section 1101 remains subject to exclusion under Evidence Code section 352. [Citation.] 'The proffered evidence must logically, naturally and by reasonable inference tend to prove the issue in dispute. It must be offered upon an issue that will ultimately prove to be material to the People's case and it must not merely be cumulative with respect to other evidence which the People may use to prove the same issue. [Citations.]' [Citation.]" (People v. Brogna (1988) 202 Cal.App.3d 700, 706-707.)

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