What is the test for admitting or excluding relevant evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Cabrera, F075531 (Cal. App. 2019):

defendant was aware of Doe's age, having known her since at least toddlerhood. The photograph itself is not inflammatory in nature and we are not persuaded there was any substantial likelihood that it would be misused by the jury. (People v. Scott, supra, 52 Cal.4th at pp. 490-491.) The trial court has broad discretion to admit or exclude relevant evidence and, here, defendant fails to meet his burden of demonstrating that the trial court abused that discretion in this instance. (People v. Williams (2013) 58 Cal.4th 197, 270-271.)

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