California, United States of America
The following excerpt is from People v. Gomez, G038446 (Cal. App. 6/25/2008), G038446 (Cal. App. 2008):
As defendant notes, People v. Falsetta, supra, 21 Cal.4th 903, lists factors the court must consider when deciding whether to admit evidence under section 1108. (Id. at pp. 916-917.) These include the "nature, relevance, and possible remoteness [of the other sex crime], the degree of certainty of its commission and the likelihood of [the evidence] confusing, misleading, or distracting the jurors from their main inquiry, its similarity to the charged offense, its likely prejudicial impact on the jurors, [and] the burden on the defendant in defending against the uncharged offense . . . ." (Id. at p. 917.)
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