What is the test for calling testimony from the prior victim's probation officer and her probation officer on an uncharged charge?

California, United States of America


The following excerpt is from People v. Triggs-Nuñez, C084647 (Cal. App. 2020):

Moreover, the testimony on the topic was relatively brief, which ensured the jury would not expend an inordinate amount of time "trying the uncharged offense[]" so as to "dwarf[] the trial on the current charge [and] unfairly prejudice the defendant." (People v. Frazier (2001) 89 Cal.App.4th 30, 42.) Defendant argues calling the three witnesses (defendant's prior victim, her father, and defendant's probation officer) was unnecessary and contributed to the undue prejudice. We disagree. The three witnesses were necessary to establish the secret nature of the relationship and defendant's continued

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