What is the test for determining whether a defendant had a plan or scheme to commit the offences alleged in this case?

California, United States of America


The following excerpt is from People v. Mays, A138057 (Cal. App. 2014):

that evidence for the limited purpose of deciding whether or not the defendant had a plan or scheme to commit the offenses alleged in this case. [] In evaluating this evidence, consider the similarity or lack of similarity between the acts and the charged offenses. Do not consider this evidence for any other purpose. Do not conclude from this evidence that the defendant has a bad character or is disposed to commit crime." The court's instructions minimized any danger that the jury might rely upon the 2003 and 2009 incidents for an improper purpose. (See People v. Barnett (1998) 17 Cal.4th 1044, 1119.)

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