Is a motion to bifurcate trial of a gang enhancement for an abuse of discretion?

California, United States of America


The following excerpt is from People v. Vasquez, C069228 (Cal. App. 2017):

We review a trial court's denial of a motion to bifurcate trial of a gang enhancement for an abuse of discretion. (People v. Hernandez (2004) 33 Cal.4th 1040, 1048 (Hernandez).) Bifurcation of the gang enhancement raises issues similar to those a court considers when asked to bifurcate trial on a prior conviction, but not to the same extent. "A prior conviction allegation relates to the defendant's status and may have no connection to the charged offense; by contrast, the criminal street gang enhancement is attached to the charged offense and is, by definition, inextricably intertwined with that

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