What is the test for admitting evidence that other weapons were found in the possession of a defendant?

California, United States of America


The following excerpt is from People v. Morales, B252023 (Cal. App. 2014):

Like the trial court, the parties on appeal correctly recognize "it is error to admit evidence that other weapons were found in the defendant's possession, for such evidence tends to show not that he committed the crime, but only that he is the sort of person who carries deadly weapons." (People v. Barnwell (2007) 41 Cal.4th 1038, 1056, and cases cited therein.) But evidence of the presence of a gun on another occasion may be admissible for other purposes under Evidence Code section 1101, subdivision (b). (See People v. Smith (2003) 30 Cal.4th 581, 613-614 [allowing introduction of evidence a gun and ammunition not used in murder but found at defendant's house because it was relevant to defendant's state of mind].) One such ground in Evidence Code section 1101, subdivision (b) is knowledge,10 and here, there is no doubt the presence of guns in the car

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