California, United States of America
The following excerpt is from People v. Williams, G040634 (Cal. App. 6/23/2009), G040634 (Cal. App. 2009):
Evidence Code section 1101 precludes the admission of evidence of uncharged crimes when offered to show nothing more than bad character or a propensity for criminality. But that section further provides, "Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident . . .) other than his or her disposition to commit such an act." (Evid. Code, 1101, subd. (b); People v. Ewoldt (1994) 7 Cal.4th 380, 393.) "Admission of Evidence Code section 1101, subdivision (b) evidence is addressed to the sound discretion of the trial court. The trial court may exclude or admit this type of evidence pursuant to Evidence Code section 352 which provides: `The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.' The trial court's determination will not be disturbed on appeal absent a clear showing of an abuse of discretion. [Citations.]" (People v. Linkenauger (1995) 32 Cal.App.4th 1603, 1609-1610.)
The trial court did not abuse its discretion in determining the probative value of this evidence outweighed any potential prejudice from its admission. "There was no danger of undue consumption of time or of confusion of the issues. The evidence was not of a sort likely to provoke emotional bias against a party or to cause the jury to prejudge the issues upon the basis of extraneous factors. [Citations.]" (People v. Jenkins (2000) 22 Cal.4th 900, 1008.) In fact, as the trial court noted, the uncharged crime did not involve the violence the charged crime did. The facts of the prior act were similar: defendant went to the home of a drug dealer who kept a large amount of money in the house for the purpose of stealing the money. The prior act was probative to show intent in the instant crime. The court did not err.
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