Does the trial court abuse its discretion in admitting evidence of hallway incidents under section 1108?

California, United States of America


The following excerpt is from People v. Hopkins, 2d Crim. No. B251270 (Cal. App. 2015):

The trial court also did not abuse its discretion in admitting evidence of the hallway incidents under section 1108. "In a case in which a defendant is accused of a sexual offense, Evidence Code section 1108 authorizes the admission of evidence of a prior sexual offense to establish the defendant's propensity to commit a sexual offense, subject to exclusion under Evidence Code section 352. [Citations.]" (People v. Lewis (2009) 46 Cal.4th 1255, 1286.) Section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."

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