Does a gang expert have to prove a crime is gang related?

California, United States of America


The following excerpt is from People v. McDonald, F068281 (Cal. App. 2015):

29. Even if a gang expert's testimony alone would be insufficient to find an offense gang related (see, e.g., People v. Ochoa (2009) 179 Cal.App.4th 650, 657), our analysis takes into account the expert testimony presented at defendant's trial in conjunction with the remaining evidence.

30. The requirements being stated in the disjunctive, as defendant's jury was instructed, the evidence need only show one. (See People v. Morales (2003) 112 Cal.App.4th 1176, 1197.)

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