What is the test for admitting evidence that a defendant has committed an uncharged criminal act that is similar to the charged crime?

California, United States of America


The following excerpt is from People v. Acosta, B288884 (Cal. App. 2020):

they are the individual manifestations.' [Citation.]" "To show a common design, 'evidence that the defendant has committed uncharged criminal acts that are similar to the charged offense may be relevant if these acts demonstrate circumstantially that the defendant committed the charged offense pursuant to the same design or plan he or she used in committing the uncharged acts.' " (People v. Leon, supra, 61 Cal.4th at p. 598.)

An example of such similarity is found in People v. Edwards, supra, 57 Cal.4th at pages 711-712, where evidence that defendant committed a prior murder in Hawaii was admitted to prove his identity as the perpetrator of the charged murder in California, as well as intent and common design. The common features of the murders were sufficiently distinctive to support the inference that the same person committed both acts. Both victims were older Caucasian women who lived alone on the first floor of an apartment building. (Ibid.) The cause of death for both women was strangulation, and both suffered broken noses and ligature marks on their wrists and ankles. The evidence also strongly suggested both victims had been sexually penetrated. (Id. at p. 712.)

c. The Court Did Not Abuse Its Discretion in Admitting the Uncharged Crimes Evidence

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