California, United States of America
The following excerpt is from People v. Hall, G040273 (Cal. App. 1/6/2009), G040273. (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.) Intent requires the least degree of similarity between the charged crime and uncharged incident. (People v. Ewoldt, supra, 7 Cal.4th at pp. 402-403.) "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.)
"On appeal, a trial court's ruling under Evidence Code sections 1101 and 352 is reviewed for abuse of discretion. [Citations.]" (People v. Lewis (2001) 25 Cal.4th 610, 637.) "A court abuses its discretion when its ruling `falls outside the bounds of reason.' [Citation.]" (People v. Kipp (1998) 18 Cal.4th 349, 371.)
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