What is the test for admitting or excluding evidence under section 1101 and section 352 of the Penal Code?

California, United States of America


The following excerpt is from People v. Brown, A128342 (Cal. App. 2011):

We review a trial court's rulings on admission or exclusion of evidence under sections 1101 and 352 for abuse of discretion. (People v. Davis (2009) 46 Cal.4th 539, 602.)

The People argue the evidence of appellant's uncharged conduct at the hospital was relevant to whether appellant willfully resisted or delayed the officers at the time of his arrest. " ' "The legal elements of a violation of [Penal Code section 148, subdivision (a)(1)] are as follows: (1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties. [Citations.]" [Citation.] The offense is a general intent crime, proscribing only the particular act (resist, delay, obstruct) without reference to an intent to do a further act or achieve a future consequence. [Citation.]' [Citation.]" (People v. Christopher (2006) 137 Cal.App.4th 418, 431.)

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