What is the test for establishing a "modus operandi" in a criminal case?
California, United States of America
The following excerpt is from People v. Legaspi, F065549 (Cal. App. 2020):
4. "Modus operandi is generally a means of proving the identity of the perpetrator of the crime charged, by demonstrating that the defendant had committed in the past other crimes sharing with the present offense features sufficiently unique to make it likely that the same person committed the several crimes." (People v. Sam (1969) 71 Cal.2d 194, 204.)
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