In what circumstances will a defendant be charged in connection with a shooting that took place outside the victim's home?

California, United States of America


The following excerpt is from The People v. Montes, B216923, Super. Ct. No. NA081455 (Cal. App. 2010):

This case is therefore not like People v. Albarran (2007) 149 Cal.App.4th 214. There, the defendant was charged in connection with a shooting that took place outside the victim's home. Although no gang slogans were shouted during the shooting and there was otherwise no direct evidence linking the crime to a gang, the prosecution was allowed to introduce extensive evidence concerning gangs and defendant's membership in a gang. The court found that admission of the evidence violated the defendant's due process rights, rendering his trial fundamentally unfair.

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