Is a defendant's reliance upon prior criminal records relevant to his identity as a member of a criminal gang relevant?

California, United States of America


The following excerpt is from People v. Contreras, 144 Cal.App.3d 749, 192 Cal.Rptr. 810 (Cal. App. 1983):

[144 Cal.App.3d 756] Defendant's reliance upon People v. Perez (1981) 114 Cal.App.3d 470, 170 Cal.Rptr. 619 and People v. Cardenas (1982) 31 Cal.3d 897, 184 Cal.Rptr. 165, 647 P.2d 569 is misplaced. Neither case involved group action by gang members where the evidence of a defendant's gang membership was relevant to both his identity as one of the participants in the group action and to his motive for participation in a conspiratorial scheme.

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