What is the test for evidence of a person's character in a criminal case?

California, United States of America


The following excerpt is from People v. Lawrence, B285102 (Cal. App. 2019):

Evidence Code section 1101, subdivision (a), provides that "evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion." Evidence Code section 1103 provides an exception: In a "criminal action, evidence of the character or a trait of character (in the form of an opinion, evidence of reputation, or evidence of specific instances of conduct) of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by [Evidence Code s]ection 1101 if the evidence is . . . [o]ffered by the defendant to prove conduct of the victim in conformity with the character or trait of character." (See People v. Fuiava (2012) 53 Cal.4th 622, 695; People v. Myers (2007) 148 Cal.App.4th 546, 552.) We review for abuse of

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