How has the court treated evidence of a prior conviction for abuse of children in a sexual assault case?

California, United States of America


The following excerpt is from People v. Hogrefe, 2d Crim. No. B279107 (Cal. App. 2019):

Hogrefe forfeited this claim because he did not specifically object on the grounds that he now asserts on appeal, i.e., that the evidence was not relevant to show knowledge. (Evid. Code, 353; People v. Brooks (2017) 3 Cal.5th 1, 42.) Instead, he objected to the admission of those statements on the grounds that they were involuntary and prejudicial.

In any event, the court did not err when it admitted his statements. Evidence of a prior offense is not admissible to prove conduct on a specific occasion, but may be admitted to establish knowledge. (Evid. Code, 1101, subd. (b).) The probative value of the evidence must not be outweighed by the probability that its admission would result in undue prejudice. (Evid. Code, 352; People v. Ewoldt (1994) 7 Cal.4th 380, 404.) We review the trial court's admission of Hogrefe's statements

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regarding his juvenile offense for abuse of discretion. (People v. Lewis (2001) 25 Cal.4th 610, 637.)

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