When will a defendant be able to present evidence of third party culpability?

crime charged. He has a right to present evidence of third party culpability where such evidence is capable of raising a reasonable doubt as to his guilt of the charged crime. But evidence of mere motive or opportunity to commit the crime in another person, without more, will not suffice; there must be direct or circumstantial evidence linking the third person to the actual perpetration of the crime. [Citations.]" (People v. Mackey (2015) 233 Cal.App.4th 32, 110-111.)

In assessing an offer of proof relating to evidence of a third party's culpability, the court must decide whether the evidence could raise a reasonable doubt as to the defendant's guilt and whether it is substantially more prejudicial than probative under Evidence Code section 352.² (People v. Bradford (1997) 15 Cal.4th 1229, 1325.) A trial court's ruling excluding third party culpability evidence is reviewed for abuse of discretion. (People v. Brady (2010) 50 Cal.4th 547, 558.)