What is the test for evidence of uncharged misconduct in a criminal case?
California, United States of America
The following excerpt is from People v. Johnson, C080001 (Cal. App. 2020):
4. The greatest degree of similarity is required for evidence of uncharged misconduct to be relevant to prove identity. (People v. Ewoldt, supra, 7 Cal.4th at p. 403.) The trial court found that the prior burglary was not sufficiently similar to prove identity. Neither party challenges this finding on appeal.
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