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

Evidence Code section 1101, subdivision (b) makes evidence that the defendant committed a crime or other specific instance of misconduct admissible to prove intent, preparation or plan, among other things. " 'When reviewing the admission of evidence of other offenses, a court must consider: (1) the materiality of the fact to be proved or disproved, (2) the probative value of the other crime evidence to prove or disprove the fact, and (3) the existence of any rule or policy requiring exclusion even if the evidence is relevant. [Citation.] Because this type of evidence can be so damaging, "[i]f the connection between the uncharged offense and the ultimate fact in dispute is not clear, the evidence should be excluded." [Citation.]' [Citation.]" (People v. Fuiava (2012) 53 Cal.4th 622, 667-668.) The requisite degree of similarity between the uncharged misconduct and the charged offense varies depending upon what fact the evidence is offered to prove. (People v. Ewoldt (1994) 7 Cal.4th 380, 402-403.)

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