What is the test for showing intent in a criminal case?

California, United States of America


The following excerpt is from People v. Wolford, E057122 (Cal. App. 2014):

"'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.] To be admissible to show a common scheme or plan, a greater degree of similarity is required than to show intent, and 'the common features must indicate the existence of a plan rather than a series of similar spontaneous acts, but the plan thus revealed need not be distinctive or unusual.' [Citation.]" (People v. Davis (2009) 46 Cal.4th 539, 602.)

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