What is the test for admitting evidence of criminal propensity in a criminal case?

California, United States of America


The following excerpt is from People v. Yepez, 2d Crim. No. B259074 (Cal. App. 2015):

"Evidence of other crimes is not admissible merely to show criminal propensity, but it may be admitted if relevant to show a material fact such as intent. [Citations.] To be admissible, there must be some degree of similarity between the charged crime and the other crime, but the degree of similarity depends on the purpose for which the evidence was presented. The least degree of similarity is needed when . . . the evidence is offered to prove intent. [Citation.] . . . The determination whether to admit other crimes evidence lies within the trial court's discretion. [Citation.]" (People v. Jones (2011) 51 Cal.4th 346, 371.)

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