P.

P. v. Carter CA4/1

Good Law
Court of Appeal of CaliforniaApril 29, 2013D060328California1,226 words

Opinion

Opinion

Mcintyre, J.

DISCUSSION

I. Alleged Evidentiary Error

Carter argues he was denied due process and a fair trial because the trial court

erred by admitting evidence of the guns, ammunition and bulletproof vest found in his

home. Specifically, he asserts that because "the prosecution's case was founded entirely

3 on cooperating witness testimony," the erroneous admission of the evidence tipped the

balance in favor of the prosecution in a close case.

We review a trial court's ruling on the admissibility of evidence for abuse of

discretion. (People v. Scott (2011) 52 Cal.4th 452, 491.) Generally, evidence a

defendant possessed a weapon not used in the crime charged is inadmissible as such

evidence "leads logically only to an inference that defendant is the kind of person who

surrounds himself with deadly weapons—a fact of no relevant consequence to

determination of the guilt or innocence of the defendant." (People v. Henderson (1976)

58 Cal.App.3d 349, 360; see also People v. Riser (1956) 47 Cal.2d 566, 577 (Riser).)

Nonetheless, evidence of the defendant's possession of a weapon is admissible when it is

probative on issues other than the defendant's propensity to…

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