What is the test for admitting evidence that a defendant committed crimes other than those for which he is on trial?

California, United States of America


The following excerpt is from People v. Vela, B282676 (Cal. App. 2018):

Evidence Code section 1101, subdivision (b), to prove defendant's intent that his words be understood as a threat; and the trial court found that the probative value of the evidence would not be outweighed by the potential for under prejudice. "'Evidence that a defendant committed crimes other than those for which he is on trial is admissible when it is logically, naturally, and by reasonable inference relevant to prove some fact at issue, such as motive, intent, preparation or identity. [Citations.] The trial court judge has the discretion to admit such evidence after weighing the probative value against the prejudicial effect. [Citation.] . . .' [Citation.]" (People v. Fuiava (2012) 53 Cal.4th 622, 667; 1101, subd. (b).)

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