California, United States of America
The following excerpt is from People v. Robinson, 102 Cal.Rptr.2d 179, 85 Cal.App.4th 434 (Cal. App. 2000):
Defendant also relies on People v. Karis, supra, 46 Cal.3d at pages 635-637, in which the reviewing court stated that a defendant's statements of future criminal conduct that did not relate to any completed crime or specific future crime might simply be statements offered to prove general propensity to commit criminal acts. The court noted that evidence of uncharged bad acts offered to prove propensity is inadmissible under Evidence Code section 1101, subdivision (b), which specifically prohibits propensity evidence. The court then stated that statements of possible future criminal conduct have a potential for prejudice in suggesting propensity to commit crime, and a trial court must therefore carefully examine such statements to see if they qualify as state-of-mind exceptions to the hearsay rule (Evid. Code, 1250), as circumstantial evidence that defendant acted in conformity with his stated intent, and whether the probative value outweighs the prejudicial effect. (People v. Karis, supra, 46 Cal.3d at p. 636.) The court did not hold that a statement that qualifies as a state of mind exception to the hearsay rule is also subject to the requirements of Evidence Code section 1101, subdivision (b) if it is used circumstantially to prove identity.
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