What is the admissibility of evidence relating to misconduct in a criminal case involving an uncharged burglary?

We find that the uncharged burglary was admitted for purposes of proving intent. We now turn to the issue of whether the evidence was properly admitted. The admissibility of evidence relating to misconduct depends upon (1) whether the facts sought to be proved are material; (2) whether the uncharged crime has a tendency to prove those facts; and, (3) whether any exclusionary rule or policy applies which would require exclusion of the proffered evidence. (People v. Steele (2002) 27 Cal.4th 1230, 1243.)

Page 8