California, United States of America
The following excerpt is from People v. Quintero, B250025 (Cal. App. 2015):
We review the denial of a motion to bifurcate the trial of a gang enhancement for abuse of discretion. (People v. Hernandez (2004) 33 Cal.4th 1040, 1048 (Hernandez).) The legal basis for bifurcation of a prior conviction allegation also permits bifurcation of a gang allegation. (Id. at p. 1049.) However, "the criminal street gang enhancement is attached to the charged offense and is, by definition, inextricably intertwined with that offense. So less need for bifurcation generally exists with the gang enhancement than with a prior conviction allegation." (Id. at p. 1048.)
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