What is the test for admitting evidence that involves crimes other than those for which a defendant is being tried?

California, United States of America


The following excerpt is from People v. Estrada, E057387 (Cal. App. 2014):

"Evidence that involves crimes other than those for which a defendant is being tried is admitted only with caution, as there is the serious danger that the jury will conclude that defendant has a criminal disposition and thus probably committed the presently charged offense. [Citations.] We have held that to be admitted, evidence of other crimes must be relevant to some material fact at issue, must have a tendency to prove that fact, and must not contravene other policies limiting admission, such as those contained in Evidence Code section 352. [Citations.]" (People v. Thompson (1988) 45 Cal.3d 86, 109.)

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