Does evidence of gang activity have to be considered for the purpose of determining whether an individual acted with intent, purpose and knowledge?

California, United States of America


The following excerpt is from People v. Mendoza, F071822 (Cal. App. 2018):

Finally, the trial court properly instructed the jury that evidence of gang activity could be considered solely for the limited purpose of deciding whether appellant acted with the intent, purpose, and knowledge necessary to prove the gang-related crimes and gang allegations, or that appellant had a motive to commit the charged offenses. We presume that the jury followed these limiting instructions, and there is nothing in this record to rebut that presumption. (People v. Waidla (2000) 22 Cal.4th 690, 725.)

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