California, United States of America
The following excerpt is from The People v. Acosta, D056274, No. RIF138870 (Cal. App. 2010):
While such gang evidence was undoubtedly prejudicial to some extent, the question presented is whether such evidence was unduly prejudicial. We conclude it was not. As already discussed, gang evidence, including expert testimony, is relevant and admissible to prove the elements of gang enhancements. (People v. Williams, supra, 170 Cal.App.4th at p. 609.) Here, the evidence that the Vagos motorcycle club was a "criminal street gang" within the meaning of section 186.22(b)(1) was relevant to the gang enhancements alleged under that subdivision, it was not unduly prejudicial, and thus it was admissible to prove an element of the alleged gang enhancements.
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