What is the test for admitting evidence of a prior crime?

California, United States of America


The following excerpt is from People v. Bello, G051573 (Cal. App. 2017):

In considering the admissibility of evidence of other crimes, the trial court must consider (1) the materiality of the fact sought to be proven; (2) the tendency of the prior crime to prove the material fact; and (3) the existence of a rule or policy requiring that the evidence be excluded. (People v. Robbins (1988) 45 Cal.3d 867, 879.)

To be admitted as relevant to prove intent, prior crimes only need to be sufficiently similar to the present charged crime to support an inference that "'defendant probably harbored the same intent in each instance.' [Citations.]" (People v. Cole, supra, 33 Cal.4th at p. 1194.)

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