California, United States of America
The following excerpt is from People v. Cook, E071261 (Cal. App. 2019):
Moreover, evidence of defendant's prior theft-related incidents was not made inadmissible by Evidence Code section 352. Pursuant to that section, trial courts have the discretion to "exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.) The prejudice contemplated by the statute "is not synonymous with 'damaging,' but refers instead to evidence that '"uniquely tends to evoke an emotional bias against [the] defendant"' without regard to its relevance on material issues." (People v. Kipp (2001) 26 Cal.4th 1100, 1121.) Defendant's uncharged offenses were not significantly more inflammatory than the charged crime, the jury was properly instructed on the limited purpose for which it might consider the evidence, and presentation of the evidence did not consume a great deal of time. Considering the relevant factors, the trial
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