What is the test for admitting character evidence in a criminal proceeding?

California, United States of America


The following excerpt is from People v. Martinez, A136828 (Cal. App. 2015):

2. In support of his claim on appeal, defendant relies in part on Evidence Code section 1103, subdivision (a)(1), which allows character evidence pertaining to the victim to be admitted in a criminal action under certain circumstances when offered to prove that the victim acted in a manner consistent with the character trait established by the evidence. Although the Evidence Code allows such evidence to be admitted under specified conditions, the admissibility of character evidence, like other types of evidence, is a matter committed to the court's discretion. (People v. Gutierrez (2009) 45 Cal.4th 789, 827-828.) We will not disturb the court's evidentiary ruling absent an abuse of discretion. (Id. at p. 827.)

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