P. v. Scarborough CA4/1
On appeal, Scarborough challenges the trial court’s decision to admit evidence of his prior act of elder abuse as propensity evidence under Evidence Code section 1109, subdivision (a)(2). Scarborough contends the prior act was not sufficiently similar to the current offense to warrant admission as propensity evidence. He further argues that even if the prior act were admissible, the trial court should not have allowed the prior victim to testify live, should not have allowed details of the prior incident, and should not have admitted photographs of the prior victim’s injuries. According to Scarborough, because the two incidents were not “particularly similar,” such evidence was improperly inflammatory, and its prejudicial effect outweighed its probative value. We conclude the trial court did not abuse its discretion in weighing the probative value of the evidence regarding the prior act against the risk of undue prejudice. (§ 352.) Accordingly, we affirm the judgment.
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