What is the test for admitting evidence of a person's character in a criminal case?

California, United States of America


The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):

The admission of other crimes evidence is governed by Evidence Code section 1101.2 Section 1101, subdivision (a) prohibits the admission of evidence of a person's character, including evidence of uncharged misconduct to prove the conduct of the person on a specified occasion, unless, the evidence is relevant to establish some fact other than the person's character or disposition. ( 1101; People v. Ewoldt (1994) 7 Cal.4th 380, 393.) The evidence of the other crimes may be admitted if "it tend[s], logically, naturally, and by reasonable inference, to establish any fact material for the people, or to overcome any material matter sought to be proved by the defense[.] [Citations.]" (People v. Peete (1946) 28 Cal.2d 306, 314-315.) The evidence of a similar crime may be admitted to prove identity, intent or motive. ( 1101, subd. (b).) But the charged and uncharged crimes must be sufficiently similar to support a rational inference of identity, common design or plan, or intent. (People v. Kipp (1998) 18 Cal.4th 349, 369.)

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