What is the test for presenting prior crime evidence at trial?

California, United States of America


The following excerpt is from People v. Chavez, E054719 (Cal. App. 2013):

Third, we consider the possible prejudicial effect of the evidence. Prior offense evidence is prejudicial when it requires an undue consumption of time, or creates a substantial danger of confusing the issues or of misleading the jury. (People v. Leon (2008) 161 Cal.App.4th 149, 168.) The prior crime evidence was presented via the testimony of two witnesses. Since there were only two witnesses, the prior offense evidence was not a danger for consuming a great deal of time.

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