P.
P. v. Carter CA4/1
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…