California, United States of America
The following excerpt is from People v. Yepez, 2d Crim. No. B259074 (Cal. App. 2015):
Appellant "argues that only identity was actually disputed at trial, and he did not dispute the perpetrator's intent to rob [the victims]. Even if this is so, it is not dispositive. '[T]he prosecution's burden to prove every element of the crime is not relieved by a defendant's tactical decision not to contest an essential element of the offense.' [Citation.]" (People v. Jones, supra, 51 Cal.4th at p. 371.) In any event, evidence of the 2004 robbery was properly admitted to show that appellant "likely committed the instant [robberies] for gang-related purposes." (People v. Zepeda, supra, 87 Cal.App.4th at p. 1212.)
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