What is the test for admitting prior weapon possession?

California, United States of America


The following excerpt is from People v. White, B295147 (Cal. App. 2021):

Evidence of prior weapon possession may be admissible when relevant to prove some fact (e.g., motive, opportunity, preparation, knowledge or identity) other than a defendant's disposition to possess weapons or to commit a crime. (Evid. Code, 1101, subd. (b).) However, such evidence should not be admitted if its probative value is substantially outweighed by the probability of undue prejudice, confusion of issues or misleading the jury. (Evid. Code, 352; People v. Davis (2009) 46 Cal.4th 539, 602.) " 'We review for abuse of discretion a trial court's

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