What is the test for admitting evidence of an abuse of mental health?

Evidence Code section 1250 allows a trial court to admit "evidence of a statement of the declarant's then existing state of mind, emotion, or physical sensation (including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health)." In order for this exception to apply, the statement must be offered either "to prove the declarant's state of mind, emotion, or physical sensation," or "to prove or explain acts or conduct of the declarant." (Evid. Code, 1250, subd. (a).) However, such evidence must be relevant to be admissible. (People v. Armendariz (1984) 37 Cal.3d 573, 586-587.) Evidence is relevant to a disputed issue if it has "any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.)

We review the trial court's determination regarding the admissibility of evidence for an abuse of discretion. (People v. Jablonski (2006) 37 Cal.4th 774, 821.)

B. Forfeiture