What is the test for using prior conviction evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Latu, A137759 (Cal. App. 2014):

Thus, the prior offense evidence did not pose " 'an intolerable "risk to the fairness of the proceedings or the reliability of the outcome." ' " (People v. Edwards, supra, 57 Cal.4th at p. 713.) The trial court's determinations that the prior offense was sufficiently similar to the charged offense and that its probative value was not " 'substantially outweighed by concerns of undue prejudice, confusion, or consumption of time' " (ibid.), were not abuses of its discretion.

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