Is a motion to bifurcate the trial of a criminal street gang enhancement reviewed for abuse of discretion?

California, United States of America


The following excerpt is from People v. Hurtado, B265955 (Cal. App. 2016):

The denial of a motion to bifurcate the trial of a gang enhancement is reviewed for an abuse of discretion. (See People v. Hernandez (2004) 33 Cal.4th 1040, 1050.)

A "criminal street gang enhancement is attached to the charged offense and is, by definition, inextricably intertwined with that offense." (People v. Hernandez, supra, 33 Cal.4th at p. 1048.) Evidence of gang membership is often relevant to the charged offense and admissible to help prove issues pertinent to guilt of that offense, such as identity, motive, modus

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