California, United States of America
The following excerpt is from People v. Macalingay, E061746 (Cal. App. 2015):
ruling admitting evidence under section 1108 is subject to review for abuse of discretion.' [Citation.]" (People v. Avila (2014) 59 Cal.4th 496, 515.)
Evidence that defendant had a propensity to commit sexual offenses against underage girls was substantially probative. "'In the determination of probabilities of guilt, evidence of character is relevant. [Citations.]' [Citation.] Indeed, the rationale for excluding such evidence is not that it lacks probative value, but that it is too relevant." (People v. Fitch (1997) 55 Cal.App.4th 172, 179.) It was particularly probative in this case, because it tended to prove that defendant acted with a sexual intent when he committed the charged crimes.
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