California, United States of America
The following excerpt is from People v. Keshmiri, G054611 (Cal. App. 2019):
Appellant also asserts the evidence from his 2013 and 2010 DUI cases constituted inadmissible propensity evidence under Evidence Code section 1101. Pursuant to that section, evidence of the defendant's prior misconduct is generally inadmissible to prove his behavior on a specific occasion or his propensity for criminal activity. (Evid. Code, 1101, subd. (a).) But such evidence may be admitted if it is relevant to some other issue in the case, such as knowledge or intent. (Id., subd. (b).) While evidence of prior bad acts may be excluded under Evidence Code section 352 if its probative value is substantially outweighed by its prejudicial effect, the trial court has considerable discretion in making this determination. (People v. Ewoldt (1994) 7 Cal.4th 380, 404-405.) Indeed, rulings made under Evidence Code sections 1101 and 352 will not be disturbed on appeal unless they are arbitrary, capricious or patently absurd. (People v. Rogers (2013) 57 Cal.4th 296, 326.)
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