What is the test for admitting evidence of an uncharged crime?

California, United States of America


The following excerpt is from People v. Moore, B264855 (Cal. App. 2017):

Under Evidence Code section 1101, evidence of an uncharged crime is inadmissible to prove a defendant's disposition to commit a charged crime, but is admissible "to prove some fact" relevant to the charged crime, such as "motive, opportunity, intent, preparation, plan, knowledge, [etc.]." (Evid. Code, 1101, subd. (b).) "To be admissible to show intent, 'the prior conduct and the charged offense need only be sufficiently similar to support the inference that defendant probably harbored the same intent in each instance.'" (People v. Cole (2004) 33 Cal.4th 1158, 1194.) The "probativeness of other-crimes evidence on the issue of motive does not necessarily depend on similarities between the charged and uncharged crimes, so long as the offenses have a direct logical nexus." (People v. Demetrulias (2006) 39 Cal.4th 1, 15.) The trial court must exclude the proffered evidence, however, if its probative value is "substantially outweighed by the probability that its admission would create substantial danger of undue prejudice, of

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confusing the issues, or of misleading the jury." (People v. Cole, supra, 33 Cal.4th at p. 1195, citing Evid. Code, 352.) We review the trial court's admission of evidence for abuse of discretion. (People v. Cole, supra, 33 Cal.4th at p. 1195.)

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