What is the test for admitting character evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Garner, F075590 (Cal. App. 2019):

"Character evidence, sometimes described as evidence of a propensity or disposition to engage in a type of conduct, is generally inadmissible to prove a person's conduct on a specified occasion. [Citations.] This ban against admitting character evidence to prove conduct, however, does not prohibit admission of specific acts of misconduct to establish a material fact like intent, common design or plan, or identity [citation], and does not affect the admissibility of evidence regarding the credibility of a witness [citation]. [Citation.]" (People v. Villatoro (2012) 54 Cal.4th 1152, 1159; Evid. Code, 1101, subds. (a), (b).)

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