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

California, United States of America


The following excerpt is from People v. Kronemyer, 189 Cal.App.3d 314, 234 Cal.Rptr. 442 (Cal. App. 1987):

"Consequently, to be admissible under section 1101, subdivision (b), the 'other offense' offered as evidence must satisfy certain foundational requirements; it must be (1) 'similar' to the crime charged; (2) not remote in time; and, (3) not merely cumulative with respect to other evidence which the People may use to prove the same issue. [Citations.] ...." (People v. Poon, supra, 125 Cal.App.3d at p. 71, 178 Cal.Rptr. 375.)

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