What is the test for establishing a reasonable foundation in a criminal case?

California, United States of America


The following excerpt is from People v. Waldron, F068691 (Cal. App. 2017):

The record supports the trial court's implied finding that an adequate foundation was established. (See People v. Hinton (2006) 37 Cal.4th 839, 890-891.) Jurors reasonably could have found it more likely than not that defendant's act of carrying a loaded gun in his car was not an act done in self-defense, even though, when he was stopped by police, his face was bloody. This was the only information concerning the 1990 incident that the trial court admitted initially, and we see no abuse of discretion, either under section 1102 or section 352.

It was defense counsel who elicited the fact the incident involved a shooting, as opposed to mere possession of a firearm, in his examination of defendant's character witnesses. Moreover, defendant raised no objection to the evidence the prosecutor presented in rebuttal, pursuant to section 1103, subdivision (b), concerning the incident.30 As a result, defendant has forfeited his claim of error with respect to admission of the rebuttal evidence. ( 353, subd. (a); see People v. Demetrulias (2006) 39 Cal.4th 1, 19-20.)

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