What is the test for evidence of intent in a motor vehicle case?

Evidence Code section 1101, subdivision (b) allows evidence of a crime, civil wrong, or other act to prove a fact other than predisposition to commit crimes, such as motive, intent, common plan, or identity. "To be admissible to show intent, 'the prior conduct and the charged offense need only be sufficiently similar to support the inference that defendant probably harbored the same intent in each instance.' [Citations.]" (People v. Cole (2004) 33 Cal.4th 1158, 1194.) "The least degree of similarity (between the uncharged act and the charged offense) is required in order to prove intent." (People v. Ewoldt (1994) 7 Cal.4th 380, 402.)

In People v. Davidson (2013) 221 Cal.App.4th 966, 973, the court found evidence of prior car theft showed a defendant's intent to steal a motorcycle. The prior theft undermined defendant's claim that he innocently found the motorcycle. The motorcycle had been stolen in the early morning hours from in front of the victim's house, and it had the ignition switch wiring pulled out. (Id. at p. 969.) In the prior theft, the defendant took a car in the early morning hours when it was parked in front of the victim's house. The car ignition was punched out. (Id. at p. 973.)