Can a motion to bifurcate the trial of a gang enhancement be reviewed for abuse of discretion?
California, United States of America
The following excerpt is from The People v. Acosta, F057607, No. F08900325 (Cal. App. 2011):
The denial of a motion to bifurcate the trial of a gang enhancement is reviewed for abuse of discretion. (People v. Hernandez (2004) 33 Cal.4th 1040, 1048 (Hernandez).) Even if some of the evidence offered to prove a gang enhancement would be inadmissible at a trial of the substantive offense, a trial court may still properly deny bifurcation. (Id. at p. 1050.)
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