What is the test for admitting evidence of sexual assault in a sexual assault case?

California, United States of America


The following excerpt is from People v. Cruz, E064237 (Cal. App. 2017):

Defendant also argues that the admission of the evidence violated Evidence Code section 352. Pursuant to Evidence Code section 352, a trial court may exercise its discretion to exclude otherwise admissible 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. However, defendant's objections at trial were based solely on relevance and foundational grounds. He did not make an Evidence Code section 352 objection so that issue is forfeited. (People v. Alexander (2010) 49 Cal.4th 846, 905, citing Evid. Code, 353, People v. Partida (2005) 37 Cal.4th 428, 433-434.) We

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