What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code?

California, United States of America

The following excerpt is from People v. Garibay, F076861 (Cal. App. 2020):

^8. All future statutory references are to the Evidence Code unless otherwise noted. As set forth in CALCRIM No. 852A, a jury may consider other uncharged acts of domestic violence if the prosecution has proved by a preponderance of the evidence that the defendant in fact committed those other acts. (See People v. Carpenter (1997) 15 Cal.4th 312, 382 [preponderance of the evidence is the proper standard for uncharged crimes], superseded on other grounds as stated in Verdin v. Superior Court (2008) 43 Cal.4th 1096, 1106.)

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