Can the prosecution rely on expert testimony to prove the required elements to support a gang enhancement?
California, United States of America
The following excerpt is from The People v. Lucero, F058576, No. VCF197610F (Cal. App. 2011):
The prosecution may rely on expert testimony to prove the required elements to support a gang enhancement. (People v. Hernandez (2004) 33 Cal.4th 1040, 1047-1048 (Hernandez).) The substantial evidence standard of review applies to determine whether the jury's true findings on gang allegations are supported by the evidence. (Duran, supra, 97 Cal.App.4th at pp. 1456-1457.)
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