What is the test for admitting or not admitting evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Ramirez, F062512 (Cal. App. 2013):

In determining the admissibility of evidence, the trial court has broad discretion. Under Evidence Code section 402, a trial court's ruling on admissibility implies whatever finding of fact is prerequisite thereto. A separate or formal finding is unnecessary unless otherwise required by statute. On appeal, a trial court's decision to admit or not admit evidence following a hearing under Evidence Code section 402 is reviewed for abuse of discretion. (People v. Williams (1997) 16 Cal.4th 153, 196-197.)

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