California, United States of America
The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):
The trial court did not err in overruling defense counsel's objection. (Cf. People v. Hill (1995) 34 Cal.App.4th 727, 737, 41 Cal.Rptr.2d 39 [evidence defendant intended to kill victim to eliminate witness of earlier crime admissible to refute claim of accidental shooting in earlier crime].) Moreover, because the trial court did not instruct the jury to consider the gun evidence as aggravating other-crimes evidence under section 190.3, factor (b), nor did the prosecutor urge the jury to consider the evidence as such, even if the trial court erred in admitting the evidence, no conceivable prejudice resulted.
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