California, United States of America
The following excerpt is from People v. Foster, 117 Cal.Rptr.3d 658, 242 P.3d 105, 50 Cal.4th 1301 (Cal. 2010):
Third, defendant asserts that the passage of time between the incidents reduced the probative value of the evidence. The passage of time is explained, however, by defendant's incarceration for the major portions of the periods between the offenses. (See People v. Lewis (2009) 46 Cal.4th 1255, 1287, 96 Cal.Rptr.3d 512, 210 P.3d 1119 ( Lewis ) [noting that the defendant had been incarcerated much of the time between the prior misconduct and the charged crimes].)
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