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

California, United States of America


The following excerpt is from People v. Pierce, No. C060588 (Cal. App. 5/18/2010), No. C060588. (Cal. App. 2010):

Evidence Code section 1101 prohibits the admission of evidence of a person's prior bad acts unless such evidence is relevant to prove some fact such as motive or intent. We review the trial court's admission of prior bad acts evidence for abuse of discretion. (People v. Lindberg (2008) 45 Cal.4th 1, 23.)

In this case, evidence of defendant's prior misconduct is relevant to prove his intent and motive on this occasion notwithstanding the lack of detail regarding the prior act. "The least degree of similarity (between the uncharged act and the charged offense) is required in order to prove intent." (People v. Ewoldt (1994) 7 Cal.4th 380, 402.) Here, defendant's intent to commit a robbery was at issue. Defendant's reason for committing the robbery was to get bail money for Finley. That defendant had committed the same crime before, and that he had done it with another person was relevant to his intent when he armed himself and approached the victims in this case.

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