Does admitting to evidence that a defendant was a member of a criminal gang deprive appellant of his right to stand trial?

California, United States of America


The following excerpt is from People v. Medrano, B247087 (Cal. App. 2014):

Nor did the admission of the evidence deprive appellant of his due process right to a fair trial. People v. Mendoza (2000) 24 Cal.4th 130 (Mendoza) is instructive. There, the defendant was charged with committing numerous crimes against multiple victims; no gang allegations were charged. (Id. at p. 148.) At trial, a victim testified that during the robbery and kidnapping, the defendant had said he was "'a homeboy and that he had his friends around someplace.'" She later testified that she understood the term "homeboy" to mean that defendant was in a gang. Defense counsel objected, but the trial court overruled the objection on the ground that the question was relevant to show the victim was in fear at the time of the offenses. Another victim also testified that defendant said he was a "homeboy" and that "'he had people around him.'" Finally, during closing argument, the

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