People v. Culbert

In People v. Culbert (2013) 218 Cal.App.4th 184, we held that the lapse of 11 years between the prior incident and the present offense did not require exclusion of the evidence. In both instances, the defendant had confronted family members and threatened to kill them. (Id. at p. 192.) The Court concluded that "given the similarities between the two incidents and the prior incident's relevance in proving appellant's intent and the victim's reasonable fear, the trial court had discretion to admit the evidence." (Id. at p. 193.)