What is the test for admitting or denying evidence of uncharged misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Maye, B236209 (Cal. App. 2012):

"In order to be admissible to prove intent, the uncharged misconduct must be sufficiently similar to the charged offense to support the inference that the defendant probably acted with the same intent in each instance. [Citations.] The decision whether to admit other crimes evidence rests within the discretion of the trial court. [Citation.]" (People v. Lindberg (2008) 45 Cal.4th 1, 23.)

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