What is the test for excluding evidence under section 352 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Munguia, B237322 (Cal. App. 2013):

The trial court has the discretion to exclude evidence under section 352 if its probative value is outweighed by the probability of undue prejudice. On appeal, we will

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not disturb the trial court's ruling unless it abused its discretion. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124.)

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