What is the test of relevance for admitting or excluding relevant evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Lopez, B287024 (Cal. App. 2019):

" 'Only relevant evidence is admissible [citations], and all relevant evidence is admissible unless excluded under the federal or California Constitution or by statute. [Citations.] Relevant evidence is defined in Evidence Code section 210 as evidence "having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." The test of relevance is whether the evidence tends " 'logically, naturally, and by reasonable inference' to establish material facts . . . . [Citations.]" [Citation.] The trial court has broad discretion in determining the relevance of evidence [citations] but lacks discretion to admit irrelevant evidence.' " (People v. Heard (2003) 31 Cal.4th 946, 972-973.)

The trial court's discretion to admit evidence is subject to the requirements of Evidence Code section 352. Relevant evidence may be excluded if its probative value is outweighed by a danger of undue prejudice, is merely cumulative to other evidence, or will consume an undue amount of time. (People v.

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Branch (2001) 91 Cal.App.4th 274, 281-282.) A trial court's ruling to admit or exclude evidence is reviewed for abuse of discretion. (People v. Olguin (1994) 31 Cal.App.4th 1355, 1373.)

Defendant admits, as he must, that his statements to the victims were probative of their sustained fear. (See, e.g., 422, subd. (a).) He contends the deputy's testimony was irrelevant, because evidence of defendant's statements to the deputy did not corroborate the victims' account of the crime. (See, e.g., People v. MacEwing (1955) 45 Cal.2d 218, 224-225 (MacEwing), citations omitted ["corroborating evidence . . . tends to connect the defendant with the commission of the crime in such a way as may reasonably satisfy the jury that the witness who must be corroborated is telling the truth . . . . [] . . . [] . . . corroboration is not adequate if it requires aid from the testimony of the person to be corroborated in order to connect the defendant with the commission of the offense charged"].)

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