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

California, United States of America


The following excerpt is from People v. Shipley, B279067 (Cal. App. 2018):

Even had we found the court erred or abused its discretion in admitting the evidence, any error would be harmless, because it is not reasonably probable that the jury would have reached a result more favorable to appellant had the court excluded the evidence. (See People v. Mullens (2004) 119 Cal.App.4th 648, 659 ["Error in the admission or exclusion of evidence [under Evidence Code section 1108] following an exercise of discretion under [Evidence Code] section 352 is tested for prejudice under

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