Can gang evidence be used to prove a defendant has a criminal disposition and so must be guilty of the charged crimes?

California, United States of America

The following excerpt is from People v. Sandoval, B262643 (Cal. App. 2016):

It is well settled that gang evidence may not be used to show that a defendant has a criminal disposition and so must be guilty of the charged crimes. (See, e.g., People v. Albarran (2007) 149 Cal.App.4th 214, 223.) The jury was appropriately instructed that evidence of gang activity could be used only to decide whether "defendant acted with the intent, purpose, and knowledge that are required to prove the gang-related crime and enhancements charged" or to show motive.¹²

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